respect and rights - International Domestic Workers Federation

Transcription

RESPECT AND RIGHTS
Protection for
domestic/household workers!
August 2008
Published by:
IRENE
IUF
International Restructuring Education
Network Europe
International Union of Food, Agricultural,
Hotel, Restaurant, Catering, Tobacco
and Allied Workers’ Associations
c/o Spoorlaan 346
5038 CC Tilburg
Netherlands
Rampe du Pont-Rouge, 8,
1213 Petit-Lancy (Geneva)
Switzerland
www.irene-network.nl
www.iuf.org
www.domesticworkerrights.org
This report is also available on the internet,
there all the links to documents mentioned in the report are connected:
RESPECT AND RIGHTS
Protection for domestic/household workers!
¡Protección para Trabajadoras Domésticas/Trabajadoras del Hogar!
Protection des travailleuses domestiques/employées de maison!
Report of the international conference
held in Amsterdam, 8-10 November 2006
+
Highlights of post conference developments
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1
Acknowledgements
We would like to thank all the organisations who have given financial and other assistance to this initiative:
FNV Mondiaal, Netherlands
IRENE, Netherlands
FDHT, Fondation des Droites de l’Hommes au Travail, Switzerland
BLINN, Netherlands
Cordaid, Netherlands
Oxfam/Novib, Netherlands
Haëlla Foundation, Netherlands
Asian Monitor Resource Centre, Hong Kong
Mama Cash, Netherlands
LO trade union, Denmark
3F – United Federation of Danish Workers, Denmark
Menschenwürde und Arbeitswelt, Germany
Misereor, Germany
King Baudouin Foundation, Belgium
Broederlijk Delen, Belgium
11.11.11, Belgium
Public Services International, France
Friedrich Ebert Stiftung, Namibia
Preface
This is the report of an action conference held on 8-10 November 2006 in Amsterdam, at the headquarters of
the FNV trade union federation of the Netherlands. The participants were from a wide range of domestic/
household workers’ organisations, trade unions and support NGOs worldwide. They came up with a set of
recommendations, which were then quickly acted on as part of the global effort to achieve better protection
for domestic/household workers.
This conference report was soon made available on the Internet, in English, Spanish and French. It is a rich
resource of information about the many initiatives being taken across the world for the rights of domestic/
household workers.
Trade unions, the self-organisations of domestic workers and support NGOs are working together, with the
IUF –one of the Global Union Federations– taking the lead at a global level. The network continues to be
extended, and some new funding has been raised that will now really help us to make progress.
Domestic/household workers have to be recognised as workers/employees. They need to be covered by
labour legislation in each and every country, like any other workers. There is no place for ‘servitude’ or
discrimination in legislation. The vulnerability of migrant domestic/household workers needs extra
attention, and domestic work undertaken by children should be included in the list of the ‘worst forms of
child labour’.
The first step is won!
One way to realise this would be an ILO Convention related to domestic/household work. When we started
planning the 2006 conference, such Convention seemed very far away, with a lot of work ahead. However, we
said, ‘Yes, it will take a lot of effort. Yes, all support is needed. But we know how to fight for our rights. We have
already come a long way.’
The Global Unions used their position in the ilo Governing Body and network members lobbied for support
of their governments. On 19 March 2008, the Governing Body of the International Labour Organisation
(ILO) agreed to include the item ‘Decent Work for Domestic Workers’ (Standard Setting) on the agenda
of the 99th session (2010) of the International Labour Conference. This means that an ILO Convention on
domestic/household workers’ rights will come up for approval in 2011.
Domestic/household workers want to –and have the right to– speak for themselves. This means they have
to be included in the workers’ delegations to the International Labour Conferences of the ILO. At national
levels, domestic/household workers’ organisations and trade unions need to cooperate to make that happen.
Use this report to support your activities. If you want to translate it into a language you work in, please do
so, but tell us, and please mention the source.
SUPPORT THE ACTION FOR
AN ILO CONVENTION ON DOMESTIC/HOUSEHOLD WORK
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This report is based on the proceedings of the international conference:
Protection for domestic workers!
¡Protección para Trabajadoras Domésticas/Trabajadoras del Hogar! 
Held in Amsterdam, 8-10 November 2006
at the headquarters of the FNV trade union federation of the Netherlands.
The conference was organised by:
IRENE, International Restructuring Education Network Europe
FNV Mondiaal, Netherlands
CAW, Committee for Asian Women
ADWN, Asian Domestic Workers’ Network
AMRC, Asia Monitor Resource Centre
WIEGO, Women in the Informal Economy Globalising and Organising
BLINN, Bonded Labour in the Netherlands Humanitas/Oxfam
GLI, Global Labour Institute
PICUM, Platform for International Cooperation on Undocumented Migrants
With the support of the ITUC (International Trades Union Confederation), the IUF (International Union
of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations) and
CONLACTRAHO (Confederación Latinoamericana y del Caribe de Trabajadoras del Hogar, the Latin
American and Caribbean Confederation of Household Workers).
The 2006 conference in Amsterdam was only possible through the active assistance of all these
organisations, especially the FNV who were excellent hosts, plus the many others who supported it
financially.
Project co-ordination: Anneke van Luijken
The report was written by Celia Mather, a freelance writer/editor based in the UK specialising in workers’
rights in the global economy.
[email protected]
Cartoons: Maarten Wolterink
[email protected]
www.mwcartoons.nl
Design: Louise Donjacour
[email protected]
Resource collecting: Anneke van Luijken
[email protected], [email protected]
Copyrights: Use this information not for commercial purposes, do inform us. Mention always the source.
Inform us when you want to translate (parts) of this report. Copyright cartoons see above.
This report is dedicated to Susi Apriyanti of the Tunas Mulia Domestic Workers’ Union in Jogjakarta,
Indonesia, who sadly died in a motor accident in August 2007. We thank her for her dedication to
building the organisation of domestic/household workers so that they can fight for their rights. For Susi’s
contribution to the international conference (see page 55).
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respect and rights
‘Domestic’ or ‘Household’?
The term ‘domestic work’ is associated with work we do in our own
homes, to care for ourselves and our own family. Some argue that
using this term for work that is done in other people’s homes may be
interfering with getting it recognised as ‘work’ and those who do it
properly respected and paid.
In some languages too there can be a disrespectful inference between
‘domestic’ and ‘domesticated’; the latter term refers to animals being
trained to live in households and recalls the fact that household workers
can sometimes be given terms of abuse such as ‘cat’ (‘gato’ in Spanish).
For these reasons, in some countries and particularly in Latin America,
there has been a determined effort to drop the term ‘domestic’ and
instead use ‘household’ (‘hogar’ in Spanish) for this kind of work.
‘When this work is done by family members it is usually not valued. So
automatically when someone else is hired in to do it, it is still not valued.
Employers pay us what they like; they think they are doing us a favour;
it is not a ‘real’ employment relationship. But we must start recognising
that household workers must earn a decent wage. We must make this
distinction between paid and unpaid work in the home; and this is why we
in CONLACTRAHO have decided to use the term ‘household’ rather than
‘domestic’ for that work which should be paid.’
Marcelina Bautista Bautista, General Secretary, Latin American
regional network CONLACTRAHO
In the short-term, it may be difficult to make a complete switch in
terminology in countries where employment legislation –where it
does refer to this kind of work– uses the term ‘domestic’. However,
conference participants largely accepted the idea of keeping
‘domestic’ for that which is done for love or duty, and considering
a switch to the term ‘household’ for that which is done for a living.
In this report we are using both terms together.
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Contents
9
6
Part I – Alltogether
10
10
11
1 Introduction
- Why this conference was organised
- Who was at the conference
13
2 What domestic/household workers want
- The demand for recognition and rights
14
14
14
15
16
17
17
19
19
21
23
25
25
26
3 Suggestions for action
- Support for domestic/household workers’ organising
- Greater cooperation between allies
- Public awareness-raising
- Pressure on governments
- Reaching out to employers
- Support for skills training and professional recognition of domestic/household workers
- Defending migrant domestic/household workers
- Pre-departure information for migrant workers
- Union membership that is recognised across borders
- Supporting child domestic/household workers
- A new international network for domestic/household workers
- An international day for domestic/household workers
- An international ILO convention for domestic/household workers
27
28
30
31
4 Post conference developments
- Conference statement
- Pilot year
- The first step is won!
34
34
36
37
5 Action around the world
- Just how many domestic/household workers are there?
- What is domestic/household work?
- Who is organising for domestic/household workers’ rights?
39
Part II – Practical experiences
39
39
43
45
48
•
Latin America and the Caribbean
- Already united: CONLACTRAHO
- Bolivia: Household workers get legal protection
- Peru: Another success story
- Trinidad and Tobago: ‘Crumpled up and thrown in the bin’
49
49
52
54
55
•
Asia
- Asian Domestic Workers’ Network
- Indonesian migrants organise in Hong Kong
- Hong Kong: ‘Heart of love, care and justice’
- China: Growing unmet demand for household services
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59
- Indonesia: ‘We are now being taken seriously’
- India – Domestic workers’ movements
61
61
64
• Africa
- South Africa: ‘Why is domestic work always last on the agenda?’
- Namibia: ‘No-one wanted us except the farmworkers’
65
65
65
69
71
•
Middle East
- Hard reality – hardly any support
- ‘Servants of Globalisation’ in the Gulf States
- Indonesian women in Saudi Arabia
- Yemen: Little public discussion
73
73
76
79
•
Europe
- Europe: Still in the shadows
- Netherlands: ‘Domestic Work: Decent Work?’
- Basque Country (Spain): ‘Sweep in your own interests’
80
80
83
• North America
- New York, USA: ‘We have a dream’
- Canada: ‘Getting the word out’
84
84
87
88
•
90
90
• ILO
- Proposals for a comprehensive agenda – Decent Work for Domestic Workers!
93
93
95
99
100
101
101
101
104
105
109
109
114
Global Unions
- ITUC: ‘Women’s committees are good allies’
- IUF: Representing domestic/household workers
- PSI: Representing public sector care workers
- Migrant domestic/household workers
- Serve a family for the family back home
- Migrante International
- Netherlands: A union opens its doors
- Belgium: Where the ‘undocumented’ have rights
- Switzerland: Here too the ‘undocumented’ organise
•
Child domestic workers
- A risk to their health and future
- Anti-Slavery International: ‘We consult child workers’
- Tanzania: Driven by poverty
- ILO/IPEC: Eliminating the worst forms of child labour
Annexes
1 Conference participants list
2 More useful resources
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8
respect and rights
PART I – Alltogether
1 Introduction
Respect and rights and their voice heard!
This is what domestic/household workers want and need most.
Domestic/household workers, the vast majority of whom are women, work hard so as to feed their families and,
like any other worker, they want to earn a living wage and be included in protective labour legislation and social
protection schemes. They want to work themselves out of poverty.
Yet their work is hardly valued, and poorly paid. This is because it is connected with the unpaid caring work of
the ‘mother in the household’. Domestic/household work is rarely seen as ‘work’, just something that women, or
too often children, do in the homes of others to ‘help out’.
So domestic/household workers are rarely defined as ‘workers’ and usually left out of protective employment
legislation. This leaves them open to abuse by those who employ them.
They come from the poorer sections of society. Many are migrants within their own countries; many, many
migrate to other countries. They are often viewed as ‘second-class citizens’, or even not as ‘citizens’ at all.
Women are generally at higher risk of poverty than men, according to the United Nations women’s organisation
UNIFEM, and domestic workers are among the lowest income categories of all.
So, the ‘decent work’ strategy of the International Labour Organisation to reduce poverty can only be realised if
it is combined with the promotion of gender equality. And domestic/household labour must be included in the
concept of ‘work’.
Domestic/household work could be ‘decent’ work – if the workers who do it are paid and treated properly. The
work itself is not ‘indecent’. What is indecent is the way that many, many domestic/household workers are
treated around the world.
’Domestic workers’ employment situation is considered not to ‘fit’ the general framework of existing employment
laws. This is because most work done by them is generally invisible, done in houses (not considered as workplaces)
of private persons (not considered as employers). So, domestic workers are not normally considered as employees,
their work is undervalued, and their working conditions remain, in essence, unregulated. In fact, some countries
not only do not consider household helpers as workers and exclude them from protection under their national
labour codes; they do not provide them with protection under any other national law. In some countries they are
denied the right to organise in trade unions. This of course leaves them vulnerable to abuse.’
Gloria Moreno-Fontes Chammartin from the International Migration Programme (MIGRANT), ILO
International Labour Organisation
in ‘Out of the Shadows: Organising and protecting domestic workers in Europe: the role of trade unions’, ETUC
conference report, November 2005 www.etuc.org/a/2809
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Why this conference was organised
The first aim of the conference was to take stock of how domestic/household workers are organising
themselves around the world, what actions they are taking to improve their situation, and who is supporting
them to do so.
Domestic/household workers are joining and forming organisations all over the world, often supported by
women’s associations, religious groups, and other kinds of NGO support/advocacy bodies.
Within the trade union movement too attention is increasingly being paid to the need to organise and
support unprotected, informal workers, including domestic/household workers.
Many of these organisations of different types are now collaborating in regional networks or federations,
particularly in Asia and Latin America.
The conference provided an opportunity to see how these different initiatives might develop better links and
common strategies, at global and national levels, so as to project a stronger voice for the rights of domestic/
household workers. A new concerted international strategy might be possible, to include initiatives such as:
• a new ILO Convention for Domestic/Household Workers
• better recognition for domestic/household workers under national laws in more countries
• better work permit systems for migrant workers in receiving countries
• better protection for migrant workers in sending countries
• an end to child labour in domestic/household work.
This international conference in November 2006 followed on a European one in April 2005 called ‘Out of the
Shadows: Organising and protecting domestic workers in Europe: the role of trade unions’, organised by the
European Trades Union Confederation (ETUC), International Restructuring Education Network Europe
(IRENE) and the Platform for International Cooperation on Undocumented Migrants (PICUM). There
the role of trade unions in organising and protecting domestic workers in Europe was fully discussed, and
strategies outlined.
‘Out of the Shadows:
Organising and protecting domestic workers in Europe: the role of trade unions’
Report of a conference organised by the ETUC, IRENE and PICUM, Brussels, 14-15 April 2005
English: www.etuc.org/a/2809
French: www.etuc.org/a/2810
After the success of the European conference in 2005, it was time to bring together an international one,
with representatives of domestic/household workers’ organisations and their supporters from across the
globe. IRENE took the lead and built a steering committee for the 2006 conference.
The ability to work in English and Spanish made real exchange possible. It was very unfortunate that lack of
funding meant there was no French translation at the conference. However, this report is being published in
three languages: English, Spanish and French.
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respect and rights
Who was at the conference
The conference organisers originally planned for some 35 participants. Yet, as word spread, more and more
wanted to be present, indicating how timely an initiative this was. In the end, some 60 participants attended,
from almost every continent, while many others unfortunately had to be turned away. A lack of funding for
French translation, for example, meant that representatives from Southern Europe and French-speaking
West Africa could not attend.
Those present included representatives of:
• Domestic/household workers’ trade unions and associations from the Basque Country/ Spain, Bolivia,
Canada, Denmark, Hong Kong, India, Indonesia, Namibia, Netherlands, Peru, Philippines, South Africa,
Trinidad & Tobago, USA;
• International networks of domestic/household workers’ organisations in Asia and Latin America;
• Global Unions: the International Trade Union Confederation (ITUC), International Union of Food,
Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) and the Public
Services International (PSI);
• International Labour Organisation (ILO);
• Support NGOs and coalitions for domestic/household workers’ and migrant workers’ rights based in
Belgium, China, Ghana, Hong Kong, India, Indonesia, Netherlands, Peru, Philippines,
Switzerland, Tanzania, UK;
• International organisations/networks active on forced labour, child labour, migrant labour, and workers
in the informal economy;
• International aid/development agencies from Germany and the Netherlands;
• Academic researchers based in the Netherlands.
A full list of participants is given in Annex 1.
Among the participants were:
- 6 currently working as domestic/household workers
- 19 union members, of whom 8 are union leaders
- 10 mothers and 3 fathers
- 23 campaigning for better legislation for domestic/household workers
- 11 actively working to combat child labour
- 17 actively working on migration issues, whether within countries or across borders
In many such conferences it can be difficult to achieve 30 per cent women’s representation. For this one,
the tables were turned, with only 10 per cent male representation, indicating the extent to which domestic/
household work is still seen as a ‘women’s issue’ even within supportive organisations.
‘Domestic work is a “labour of love”, mostly done by the women of the household; it is their duty to “care”
for others. Not being able to fulfil all of this duty is usually held up as a shortcoming; they are somehow
“inadequate”; the image is a negative one. This results in a negative attitude towards those who step in. They
are just “helping out” – and so aren’t highly rewarded.’
Anneke van Luijken, conference organiser, IRENE
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respect and rights
2 What domestic/household workers want:
Recognition that domestic work is ‘work’
and that those who do it are ‘workers’
with the rights that all workers have
including the right to be heard
This is the demand of domestic/household workers around the world, voiced very clearly by those attending
the international conference in Amsterdam in November 2006. They also detailed what this would entail:
I
Recognition by governments and the rest of society of the economic and social contribution that
domestic/household workers make; their labour means that others can engage in productive work outside
the home, creating huge value; without them, economies and societies as we know them could not exist.
I
Respect for their dignity and skills, for the fact that they often care for the most vulnerable members
of society, the children, sick and elderly, increasing the well-being of all, instead of the contempt and abuse
which they so often experience. More opportunities for skills training and recognition as‘professionals’
would increase their mobility to other/better jobs.
I Enforcement of their right to ‘decent work’ (as agreed by the governments, employers and workers
in the International Labour Organisation): this means inclusion in labour laws, trade union rights and
employment contracts to achieve good working conditions, and access to social benefits including pensions.
I
Opportunities to speak for themselves and to have their voices heard: they are tired of others
claiming to speak on their behalf.
I
Recognition and identity: most domestic workers have little or no record of their employment; they
want official registration systems which prove their work history; migrant workers want identity cards that
assist their status in their host communities.
I
Organisational skills training to help domestic/household workers participate in unions or build
their own organisations; training in negotiating, advocacy and campaigning, fund-raising and accounting;
exchange programmes at national and regional level for domestic workers to develop their ideas for
strategies.
I
More political and material support from allies in the trade unions, NGOs and advocacy groups, in
a way that increases domestic/household workers’ opportunities to speak for themselves and have their own
voice heard.
I
Better quality information about the size, scope and role of domestic/household work and the
workers involved: in most countries, because it is excluded from the definition of ‘work’, there is very little
data about the who, what, where, and how of domestic/household labour; much more research and mapping
is needed to provide the basis for well-informed campaigning.
I
Better research and understanding on how the combination of gender discrimination and neo-liberal
globalisation is increasing migratory flows of women to work in the homes of others.
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3 Suggestions for action
How can domestic/household workers gain the recognition and rights to which they are entitled but are
currently denied? Participants at the conference came up with a set of basic steps.
It was agreed there is not a ‘one size fits all’ solution. Domestic/household work is done in a wide range of
situations, from relatively good employment with mutually agreed terms and conditions, to the worst forms
of slavery and trafficking. So it is a question rather of looking at all the ideas and strategies that do exist and
as also shown by the conference participants in their detailed presentations and then assessing which are the
priorities for any given situation.
The participants also agreed that actions at local, national, regional and global levels are not mutually
exclusive, but should be taken forward simultaneously, cross-fertilising from each other.
Support for domestic/household workers’ organising
A primary emphasis coming out of the conference was that domestic/household workers should be at the
forefront of promoting their own rights rather than others tending to speak on their behalf.
‘We are tired of hearing others speak in our name.’
Marcolina de los Milagros Infante Ramirez, IPROFOTH, Peru
‘Household workers are invisible and we have to use our imagination to help them organise.’
Marcelina Bautista Bautista, Secretary General, CONLACTRAHO, Latin America
This means directing efforts first and foremost at supporting domestic/household workers to organise
themselves, to know what rights they have, and get the opportunity to be heard.
• Awareness-raising and assistance for domestic/household workers to organise, through targeted
organising activities within union structures or by supporting efforts at self-organisation.
• Providing facilities for domestic/household workers’ organisations such as room space, printing, access
to computers, and communications e.g. website space
• Educational materials, workshops, etc. that highlight the potential for organisation locally and the
achievements elsewhere such as in Bolivia and Peru.
• Organisational skills training to improve the ability of domestic/household workers to organise
themselves.
When domestic/household workers become organised it becomes much easier to find where child domestic/
household workers are, providing much more opportunity to combat child labour.
Greater cooperation between allies
Greater cooperation between domestic/household workers’ and/or migrant workers’ associations, trade
unions, and advocacy NGOs is needed. As the examples throughout this report show, it is happening in a
number of countries, in all continents, but there is more to be done.
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respect and rights
Trade unionists are becoming more aware of the role that domestic/household workers play to the benefit
of the society and economy, as well as of the pressing needs these workers have if they are to achieve the
conditions of ‘decent work’ to which they are entitled. However, there is clearly much more that can and
should be done. Trade unions have a special role to play because of their formal status as ‘social partners’ in
the ILO and in national contexts.
Trade unions can sometimes feel uneasy about the rise of workers’ associations which are independent.
However, given that domestic/household workers have rarely been considered as ‘workers’ entitled to union
membership, it is not surprising if they form their own associations.
‘There are situations where it is very difficult for domestic workers to form or join trade unions. Where
there is union-busting or political suppression, workers are scared and tend to form self-help associations or
cooperatives rather than unions. We need to accept that informal workers cannot always join unions. But trade
unions can still recognise and support them. We need to lobby more national trade unions so that they support
national and international legal reforms. We need to engage them in a systematic and strategic way. If not, this
conference will become like a history book.’
Lee Siew Hwa, Committee for Asian Women (CAW), Bangkok
‘We call ourselves a union but I don’t feel that joining another union would help us right now. The trade unions
are too traditional, with white middle-aged men high in the hierarchy who just want to secure their own
position. If we joined such a union, we would have to abide by its rules and there probably wouldn’t be much
benefit.’
Erline Brown, Domestic Workers’ United, New York, USA
‘It is no secret that trade unions sometimes find it difficult to support domestic workers. But the FNV Mondiaal
is now making it a priority, alongside our work on child labour, migrant workers, and those working in the
informal economy.’
Peter Gortzak, Chairperson, FNV Mondiaal, Netherlands
‘It is true we had to change the opinions of the male leaders of our unions. When my union decided to organise
community-based healthcare workers, among the lowest paid workers, many men members objected. However,
the union leadership did make it a priority and we won better wages and a CBA. Now many of those who
objected see us as an asset – because many of those recruited have become activists.’
Ann Chambers, activist, British Colombia Government and Service Employees’ Union (BCGSEU),
Canada
• Formalising alliances between unions and domestic/household workers’ organisations
Where domestic/household workers have set up their own organisations, trade unions can reach out and
build solidarity. In the first instance, it can be simple help, such as providing meeting space and access
to photocopying. As the collaboration and mutual respect grows, the relationship can be deepened and
then formalised into an alliance or association; this may mean changing the union’s statutes. Domestic/
household workers’ organisations in many countries are keen to establish such a relationship, retaining their
self-organisation but benefiting from the strength and position of the trade union movement.
Public awareness-raising
Much stronger efforts are needed to gain recognition for the role of domestic/household workers in
underpinning economies and societies, and to raise the esteem in which they are held throughout society,
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everywhere.
This implies stronger awareness campaigns targeted at the general public, including the members of our own
organisations, as well as efforts to impress and educate government officials.
‘There is much that we in the trade unions can do to raise awareness, not least among our own members.
After all, many trade unionists are also employers of domestic workers. We should get across the argument that
“what you ask from your employer, you should give to your employee”.’
Kamalam, Equality Director, International Trade Unions Confederation (ITUC)
• Public hearings for the rights of domestic/household workers
• National days for domestic/household workers: In various countries and world regions there are special
days each year to highlight domestic/household workers’ rights. In Latin America it is 30 March; in India
it is 9 January, for example.
Pressure on governments
• For ratification of international conventions
‘Looking into which ILO Conventions your government has ratified is useful. Many have, for example, ratified
conventions that are relevant to domestic workers’ rights, and this can be used to engage with them. A major
difficulty, as we know, is that many governments do not include domestic/household work in their concept of
‘work’ and exclude the workers concerned from protective legislation. However, technically they cannot do this
without prior consultation with the trade unions and employers; so again trade unions and social dialogue
mechanisms have a key role to play.’
Simel Esim, Regional Gender Advisor, ILO Regional Office for the Arab States
• For domestic/household workers to be included in national labour legislation: Achieving protection for
domestic/household workers under national legislation can take many years, and in most countries this has
yet to be achieved. Yet, in Bolivia and Peru, new laws have been won that give domestic/household workers
recognition and rights as workers, providing examples for other countries to consider. Good legislation on
the statute books is an essential part of the process.
• For child domestic/household workers to be included in policies to combat child labour:
ILO Convention No.138 (Minimum Age) and ILO Convention No.182 (Worst Forms of Child Labour) are
core Conventions to which all countries are bound; but in many countries domestic/household work done by
children is not seen as hazardous nor one of the ‘worst forms’ of child labour, and so it is not taken seriously;
for example, minimum age legislation does not apply or is lowered. This must change.
• For the proper enforcement of good legislation where it exists: Policy-makers are usually men, and they
are often satisfied with the status quo, rarely concerned with how their own household is organised, as long
as it is organised; getting them to see the significance of the domestic/household labour that supports them
is an important element in achieving progress in legislation.
‘Governments are not going to enforce the legislation for domestic/household workers.
We have to organise to do it!’
Chris Bonner, WIEGO, Women in the Informal Economy Globalising and Organising
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respect and rights
• Defending public services: In those countries where care services have been in the public sector they are
usually being privatised, weakening the working terms and conditions, and union organisation, for the
workers concerned. Many care workers – whether local people or migrants - are being hired in through
employment agencies which are poorly regulated.
‘Care work is the responsibility of the State. Whether it is done by local or migrant workers, they contribute to
the economy, and this must be recognised by the State.’ Report-back from conference workshop
‘We need to be much more pro-active on the future of social services in our countries; many governments want
to privatise but household services and care should be a collective responsibility.’
Kirsten Møller, International Advisor, 3F – United Federation of Danish Workers
‘We have to keep our care services in the public sector. One right-wing politician in Spain recently said that, if
families cannot afford to pay their domestic worker a decent wage and we cannot create enough public services,
then perhaps this work should be done by a network of volunteers. This would be a bad use of solidarity
between people.’ Javier Miró, Programme Coordinator, ISCOD-UGT, Spain
Reaching out to employers
• Promoting employment contracts: In a situation where legal protection does not exist or is very weak,
promoting employment contracts between individual employers and domestic/household workers is vital.
• Encouraging the formation of associations of responsible employers with whom to negotiate: Since
trade unionists and progressive politicians are also employers of domestic workers, their help could be
enlisted to establish an employers’ association, if one does not already exist.
Model Employment Contracts for Domestic/Household Work can be found:
English: ‘Out of the Shadows: ETUC, Annex 1, www.etuc.org/a/2809
and www.domesticworkersunited.org
French: ‘Sortir de l’Ombre’, Annexe 1, www.etuc.org/a/2810
Spanish: ‘Haz Valer Tus Derechos!’, www.ath-ele.com under your rights
CESIP, Peru, www.cesip.org.pe/publicaciones.htm
Support for skills training and professional recognition of domestic/
household workers
With domestic/household work so rarely recognised as ‘work’, promoting the training and professional
recognition of domestic/household workers is a great boost to their status.
Raising workers’ skills and status also improves their bargaining position with employers.
What is more, training brings previously isolated workers together, and gives them an opportunity to
organise themselves, either in their own organisations or by joining a trade union.
‘The skills training that we have been promoting for domestic/household workers includes environmental
conservation and recycling of household wastes. This helps raise their knowledge-base and also their status.’
Lita Anggraini, National Network for Domestic Workers Advocacy (Jaringan Nasional Advokasi Pekerja
Rumah Tangga, JALA PRT), Indonesia
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respect and rights
Defending Migrant Domestic/Household Workers
• Campaign for signing the UN Convention on Migrants
On 18 December 1990, the United Nations adopted the ‘International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families’. So far, 34 States have signed the
Convention, but none of them are receiving countries. This is clearly something that trade unions and
migrant groups could campaign on together.
• Lobbying sending governments to forge labour agreements with host governments
• Support for the regularisation of migrant work in host countries, by arguing for proper work permit
schemes which include domestic/household work
Because domestic/household work is not seen as ‘work’, it is often omitted from work permit systems;
immigration authorities in many receiving countries allow domestic/household workers in under visas and
permits which give them even fewer rights and lower status than other migrant workers. Poor work permit
systems lead to more workers becoming ‘undocumented’. So, pressing for domestic/household work to be
included in work permit systems is an important area of activity.
‘Governments are aware of undocumented migrant workers. Without them, care services in Europe would
collapse. But they are not taking responsibility for these migrants, who are actually given the huge responsibility
of looking after homes, children, and parents, even those of government officials and politicians. The question is
how to get these workers regularised and protected.’
Kamalam, Director of Equality, ITUC
‘The key factor in advancing the protection of the rights of migrant domestic workers in Europe has been their
self organisation in various countries, as well as the public campaign for regularisation launched by RESPECT,
Europe-wide. Trade unions got involved in the campaign, particularly in the UK, Greece, and Italy, and have
played a very positive role in pushing for regularisation.’
Fe Jusay, Commission for Filipino Migrant Workers, Netherlands
Some unions provide migrant domestic/household workers with union IDcards, even those who are not
directly union members. They do this out of solidarity because it helps to provide identity and regularisation
of their status. One example is the Transport and General Workers’ Union (T&G) in the UK (see ‘Out of the
Shadows’, pages 42-43). It is also being discussed in the ABVAKABO FNV in the Netherlands, now that the
union has opened its doors to undocumented migrants in the country (see page98).
Pre-departure information for migrant workers
Conference participants thought there could be far greater liaison between workers’ organisations in sending
and receiving countries, so as to provide migrant workers with pre-departure information on their rights in
the country to which they are going.
Pre-departure training needs to go far beyond skills such as learning how to use a vacuum cleaner; cultural
behaviour questions are vital, such as learning the right body language for the host culture to understand, as
a defence against abuse.
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‘Sometimes the body language is totally wrong. For example, young Asian women have learned never to say
“No” in a direct way; they always smile and are polite. But this can be wrongly interpreted by an employer as
accepting the situation.’
Erline Brown, Domestic Workers United, USA
‘If a domestic worker is always smiling, the wife can think the worker is trying to seduce her husband, and this
leads to a lot of trouble. Migrant workers need access to training about this.’
Rima Sabban, Arab Women Academic Network
Domestic/household workers who have returned home should be encouraged to provide information and
help with this training. They can give real insight into the situations that others will face.
The information should also cover such questions as labour rights and employment laws in the country
concerned, the support organisations that exist including appropriate trade unions, access to healthcare, etc.
Websites could be used better to circulate this information.
‘In Jordan, there is a law that employers cannot keep passports. However, it is barely observed. Despite
awareness-raising through posters and advertisements, few employers or domestic workers seem to know about
this law. We need to intervene more in pre-departure training, giving migrant domestic workers much more
information about how to defend themselves, for example not to give their passports to their employers.’
‘Pre-departure information is provided to Filipino migrant workers by the Philippines Government. However,
it is not really serving the needs of the workers because the task is contracted out to the banks and employment
agencies. It does not give specific information for the different host countries. Also, it is only given out on the
day before departure which is far too late, and there is no turning back. We need domestic workers to have
more input into the quality and timing of the information.’
Connie Bragas-Regalado, Migrante International
‘Estonians leaving to work in Finland can contact an Information Point especially set up in the Estonian
capital city Tallinn for information on the employment rights they will have in Finland, and the unions in
Finland that can help them. It was set up with help from the Finnish unions so that Estonians work under the
same conditions as, and do not undercut, Finnish standards.’ (netti.sak.fi/workinginfinland/en/index.html)
Barbro Budin, Equality Officer, IUF
‘We are an international cooperation wing of the UGT union federation in Spain, with programmes in
countries like Ecuador, Colombia, Nicaragua, and Bulgaria. Many there want to migrate to find work in Spain,
thinking that it will be a ‘golden paradise’, which it certainly is not. So we have helped set up offices in these
countries to provide information on migrants’ rights in Spain, plus the UGT (Equality Department) has advice
centres for when they have arrived. So, this is not a new question for us, but there is so much more work to do.
And it is going to become a bigger priority in the years to come.’
Javier Miró, Programme Coordinator, ISCOD-UGT, Spain
Other examples of collaboration between unions include those in Ireland and Poland, and Nicaragua and
Costa Rica. Though good developments, they are still piecemeal bilateral efforts between particular unions.
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respect and rights
Union membership that is recognised across borders
‘Going back as far as the 1920s, the IUF has had in its Statutes a reciprocity agreement; this means that if
you are a member of an IUF affiliated union in one country and then migrate to another country, you can
automatically become a member of an IUF affiliate in your new country. This is something that could be used
much more to protect migrant workers.’
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18 December = International Migrants Day
As agreed by the United Nations General Assembly in December 2000.
www.december18.net
‘Today we pay tribute to the millions of migrant workers who have left their home countries to find
work and better opportunities elsewhere to support their families and communities. This movement largely
reflects the failure of policies to generate enough decent jobs where people live. Too often migrant workers
become trapped in the most difficult circumstances including situations of exploitation,
discrimination, poor working conditions, lack of respect for their rights at work, and limited or no social
protection ... The ILO remains committed to ensuring justice for migrant workers and making migration
work for all.’
Juan Somavia, Director-General, ILO
Message on the occasion of International Migrants Day, 18 December 2006
www.ilo.org/public/english/bureau/dgo/speeches/somavia/2006/migrantsday.pdf
‘Claim and Celebrate Women Migrants’ Human Rights through CEDAW’
A briefing paper on the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) and how to use it, giving examples such as the Indonesian Migrant Workers’ Union IMWU in
Hong Kong.
By Jean D’Cunha, UNIFEM, 2005 – ISBN 1-932827-21-8
www.unifem.org/resources/item_detail.php?ProductID=72
www.unifem-eseasia.org/projects/migrant/mig_pub.htm
Text of convention: www.un.org/womanwatch/daw/cedaw/cedaw.htm
Extracts from the Declaration of Philadelphia (1944), the Constitution of the ILO
•
•
•
•
labour is not a commodity
freedom of expression and of association are essential to sustained progress
poverty anywhere constitutes a danger to prosperity everywhere
all human beings, irrespective of race, creed or sex, have the right to pursue both their
material wellbeing and their spiritual development in conditions of freedom and dignity, of
economic security and equal opportunity
www-ilo-mirror.cornell.edu/public/english/about/iloconst.htm#annex
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respect and rights
Supporting Child Domestic/Household Workers
‘Child domestic workers usually work very long hours and carry heavy loads and are at risk of psychological,
physical and sexual abuse from employers and their families – they also suffer from isolation and loneliness …
Child workers living in the homes of their employers are more likely to experience conditions consistent with
the worst forms of child labour.’
‘Child Domestic Labour and Trade Unions’, ILO, 2006
Despite the danger to children’s health and growth, there is a ‘blindness’ to child domestic/household labour
around the world. In most countries there is legislation governing the minimum age for employment; but,
because domestic/household labour is not seen as ‘work’ or, at best, only ‘light’ tasks, so the minimum age
laws are often not applied to it.
Plus there is a mythology that employers are doing some kind of charitable act in providing a roof for
poverty-stricken children. It is true that poverty drives many rural families to send their children to work in
other people’s households. But it is not an act of charity to use and abuse the labour of a child who should be
at home and at school.
Trade unions are also not used to organising child workers as members, or even helping them to organise
themselves. Instead, it is religious or women’s groups who tend to provide support. However, there is much
more that can and should be done, according to the conference participants:
•
•
•
•
•
•
•
•
•
•
Encouraging opportunities for self-organisation of children and giving them support to do this
Providing opportunities for child domestic/household workers to become union members or to
associate with unions
Finding out what child domestic/household workers want and helping to find solutions to the
problems they identify
Including psycho-social trauma as an important problem to be taken up
Ensuring that domestic/household work is included in national policies to eliminate the worst forms of
child labour
Ensuring that domestic/household work is included in minimum age legislation
Helping to provide sanctuary for the victims of the worst forms of child labour
Helping to remove children under minimum legal working age from domestic/household labour
Awareness-raising among union members not to employ children under the age of 15 years
Helping to identify where children are working in private households, e.g. by consulting adult
domestic/household workers and union members
ILO – Labordoc
contains references to a wide range of print and electronic publications, including journal articles, from
countries around the world, on all aspects of work and sustainable livelihoods,
and the work-related aspects of economic and social development and human rights.
Labordoc provides an ever increasing number of links to online publications available on the
Internet.
http://labordoc.ilo.org/
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Combating child labour raises the profile of unions
‘In Tanzania, the IPEC programme to combat the worst forms of child labour has been collaborating
with one of our affiliates CHODAWU (Conservation, Hotels, Domestic and Allied Workers’ Union).
In a comprehensive programme, they have been doing social mapping, education and income-generating
activities among poor rural communities for whom sending children to work in urban areas has a long
tradition. They have also been rescuing child domestic workers and giving them vocational training, as well
as HIV-Aids treatment where needed. Several thousand children, the majority of them girls, have so far
benefited. At the same time, these activities have raised the profile and the membership of the union.’
Barbro Budin, Equality Officer, International Union of Food, Agricultural, Hotel, Restaurant,
Catering, Tobacco and Allied Workers’ Associations (IUF)
Emerging good practices on child domestic labour in Kenya, Tanzania, Uganda and Zambia
ILO/IPEC 2006, download via http://labordoc.ilo.org/
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respect and rights
A New International Network for Domestic/Household Workers
No international network specifically for the rights of domestic/household workers currently exists, and so
there was considerable support at the conference for building one.
Participants agreed it should be a network open to all those who share the common aim of achieving
‘Respect and Rights for Domestic/Household Workers’, providing a platform for them to communicate
and work together more effectively. It should not be a membership-based organisation.
There were concerns, of course, not to replicate existing networks such as the regional ones in Latin
America and Asia, or those for specific categories such as migrant workers. The overarching aim of a new
international network would be to add value to and strengthen the work already going on that promotes
domestic/household workers’ rights.
It was recognised that the Global Unions have a special role to play because of their formal status within
the International Labour Organisation, and the actual and potential supportive activities of their affiliated
unions around the world.
However, the collaboration must also include non-union self-organisations of domestic/household workers
plus advocacy/support groups and networks. Otherwise any new initiatives would be weak.
A start-up process for the new network and set of initial tasks were agreed, as laid out in the final conference
statement (see page 28). Participants thought areas of activity for the network in the near future could be:
• Lobbying the ILO and the International Organisation for Migration (IOM) to ensure that existing work on migration includes domestic/household workers (both documented and undocumented)
• Greater exchange of information and strategies, for example through a new website dedicated to
domestic/household workers’ rights
• An urgent appeal mechanism for extreme cases of abuse and exploitation of domestic/household
workers
• Support for further research into domestic/household work in the context of neo-liberal globalisation
and gender discrimination
An international Day for Domestic/Household Workers
There has never yet been a day when organisations across the world unite to highlight the role, needs and
rights of domestic/household workers. There was considerable support at the conference for organising such
an international day, with activities encouraged simultaneously in all countries on a common theme. This
would be a good way to generate much greater public awareness, particularly in the process, for example, of
lobbying for an ILO Convention for the Rights of Domestic/Household Workers.
Such days for domestic/household workers do already exist in individual countries, and in the Latin
American region as a whole, though their dates vary (In Latin America it is 30 March; in India it is
9 January). There is also the International Migrants Day on 18 December. There was concern to ensure that
any such international day would not confuse or detract from these existing days.
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While establishing an annual international Day is one possibility, another is to organise initially a single
Global Day of Action. Such Days have been generated, for example, by the International Transport Workers’
Federation (ITF) as a way of building solidarity among railway workers or road transport drivers across the
world, lobbying on a common theme. For the ITF Railway Workers International Day of Action, 27 March
2006, see www.itfglobal.org/campaigns/campaigns-1057.cfm . Such a one-off day for domestic/household
workers’ rights could be strategically timed to raise maximum awareness and lobbying power. Then its
potential for an annual day could be evaluated.
An international ILO Convention for Domestic/Household Workers
While some participants doubted that the time and effort needed to achieve an ILO Convention would
be worthwhile, others saw it as an opportunity for mobilising, campaigning, and promoting domestic/
household workers’ organisations. There seems to be groundwork already existing within the ILO to support
such an effort.
‘Winning the ILO Convention on Home Work in 1996 is a model for achieving one for domestic/household
workers. The lobbying effort needed can be used as a tool to organise and empower domestic workers.’
Lee Siew Hwa, Committee for Asian Women (CAW), Bangkok
Again, it was repeated that domestic/household workers would need to be at the forefront in any such
activity concerning their future, and this would include who can or should speak for them at the ILO.
‘Achieving the Home Work Convention involved a long collaboration between the Global Unions (including
the IUF), WIEGO (Women in the Informal Economy Globalising and Organising), IRENE, the Self-Employed
Women’s Association (SEWA) of India, and others. Originally, the idea came from SEWA to get a Convention
on informal economy workers’ rights. At that time the IUF wanted domestic workers included. However, we
were all advised that it had to be slimmed down. To achieve a Domestic Workers’ Convention now, we would
need the same kind of coalition with long-term purpose.’
‘ILO Conventions take five to ten years to achieve. For domestic workers in hardship, this is a long process.
International unions and the ILO need to cut down on their bureaucratic structures. I would like to see
domestic workers directly represented on those boards, not via third parties. I don’t believe in a long process; I
want to know what we are going to do now.’
Alfred Angula, General Secretary, Namibia Domestic and Allied Workers’ Union
‘The International Labour Organization: A handbook for minorities and indigenous peoples’
This handbook, produced for those concerned with minority and indigenous peoples’ rights, explains
how the ILO works and how it can be used.
By Chandra Roy and Mike Kaye
Anti-Slavery International and Minority Rights Group International, 2002
ISBN 1 897693 39 7
www.antislavery.org/homepage/resources/PDF/PDFun.htm#ILOhandbook
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respect and rights
4 Post conference developments
At the end of the conference on 10 November 2006, a statement was agreed by the organisations present
to consolidate these suggestions. This was followed up by a working group of remaining participants the
following day to discuss what the next steps might be.
Since the conference, developments have proceeded apace and are summarised on pages 30-33.
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Conference statement
Protection for domestic workers!
¡Protección para Trabajadoras Domésticas/Trabajadoras del Hogar!
International conference, held on 8-10 November 2006, at the headquarters of the FNV trade union
federation, Amsterdam, Netherlands
This conference, attended by some 60 representatives of domestic/household workers’ trade unions,
associations and regional/international networks, Global Unions and national trade unions, and support
NGOs, from around the world:
Expresses our common outrage at:
• The exploitation of many domestic/household workers across the globe, particularly of highly vulnerable
migrant workers (many forced to be undocumented) as well as children who do this work;
• The lack of recognition of the contribution that domestic/household workers make, without which
societies and economies could not function;
• The continuing failure to recognise domestic/household work as ‘work’ under employment legislation in
many countries, so denying these workers the rights and respect they deserve.
We therefore demand:
Decent Work for Domestic Workers!
And recommend:
The setting up of an interim working group which, over the coming year to end 2007, has the task of
investigating the possibilities for greater international activity for the rights of domestic/household workers
worldwide.
The interim working group will comprise members of the steering group which founded this conference,
plus representatives of domestic/household workers’ organisations from as many world regions as possible. It
will, however, not itself claim to represent domestic/household workers.
Tasks of the interim working group are:
(1)To explore the need and potential for an international network for the rights of domestic/household
workers, being careful not to replicate but to add value to the international networks that already exist
e.g. for migrant domestic workers’ rights.
Such a network would be open to all organisations of whatever form –trade unions, associations,
networks, support NGOs, etc.– who agree to work for the common aim of achieving the rights of and
respect for all domestic/household workers.
The decision-making structures behind such a network should comprise a majority of representatives from
domestic/household workers’ self organisations.
28
respect and rights
(2)To explore, in collaboration with the Global Unions, the possibility for an ILO Convention on the rights
of domestic/household workers, whether national or migrant workers.
(3)To support the organisation of domestic/household workers at all levels –local, national, regional and
international– through:
• the greater involvement of trade unions at all
levels in supporting domestic/household
workers and their self-organisations;
• mapping and liaison with domestic/household
workers’ organisations and support groups
worldwide so as to promote their visibility,
capture the magnitude of the effort already
being undertaken for domestic/household
workers’ rights, as well as encourage their
involvement in a network;
• the exchange of information and strategies,
for example through a new website dedicated
to domestic/household workers’ rights;
• the greater development of education/training
programmes for domestic/household workers’
groups/unions/associations/networks in
strategising, organisation, accessing funding,
accounting, etc.
• the potential for further funding for domestic/
household workers’ self-organisations;
• an urgent appeal mechanism for cases of
extreme abuse and exploitation of domestic/
household workers;
• further research into the role of domestic/
household work including the vast migration
of people to work as domestic workers as
(a) an underpinning of neo-liberal
globalisation and
(b) a function of continuing gender
discrimination in household work,
so as to help promote the development of far
stronger policies at international and national
levels for the protection of domestic/household
workers and their rights.
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29
The pilot year of the network
A month after the conference, on 19 December 2006, a meeting was held between the conference organiser,
Anneke van Luijken of IRENE, and several of the Global Unions: the ITUC and the IUF who took part
in the conference and the Union Network International (UNI) which is the Global Union Federation for
workers in skills and services. The Global Union Public Services International (PSI), which participated
in the conference, was not able to attend but indicated its interest. The conference and its outcomes,
particularly the statement, provided the basis for the discussions.
The IUF is the Global Union Federation that has a remit to represent domestic/household workers, but
it has never had the resources to promote this work. So, the IUF agreed to take a lead in developing the
international programme of work for domestic/household workers’ rights decided at the conference, though
as a specific project which will have to raise its own resources. It was re-confirmed that the aim is not to
build a membership-based organisation but an open network of those agreeing with the overall aims and
objectives.
The Global Unions are particularly important for developing activities within the ILO, as they have full
status as one of the tripartite members of the ILO, along with governments and employers. On 23 January
2007, a meeting was held in Geneva involving the IUF, ITUC, Anneke van Luijken and ILO officers from
several departments: Gender, Migration, ACTRAV (the Workers Group), IPEC (Child Labour), and
Declaration & Norms. The participation of five ILO departments indicates the level of support there is in the
organisation for finding better ways to promote the rights of domestic/household workers.
The Workers’ Group ACTRAV, in conjunction with the ITUC office in Geneva, can take a lead in preparing
the ground for a new Convention, for example by making a report to the ILO Governing Body and raising
awareness through activities at the International Labour Conference, held each June. On-going liaison
between the various interested ILO departments should be fostered, for example through an ‘Expert
Meeting’. It was clearly restated that domestic/household workers’ organisations must be represented in all
such activities.
With the success of these two meetings, work has continued on developing a plan of action for the first year
(a joint plan of the IUF & IRENE), including fund-raising, the publication of this report, development of a
special website, and maintaining and developing communications with all interested groups.
As part of generating wider awareness, presentations have been made at a number of conferences and events,
including:
• ITUC, international conference on migration, Brussels, December 2006
• Anti-Slavery International, International stakeholders’ meeting on child domestic labour, London,
February 2007
• IUF, international women’s conference, Geneva, March 2007
• ILO International Labour Conference, Geneva, June 2007
• Global Community Forum On Migration, Development And Human Rights’ a parallel meeting next to
the UN governmental ‘Global Forum on Migration and development’, June 2007 Brussels. Human Rights
Watch organised two afternoon workshops on domestic work.
• ‘Illegal labour – llegal living? The trade union way of handling a complex situation’, Berlin, October
2007, Ver.di conference
• ILO symposium on the InformalEconomy: Enabling Transition to Formalisation, Geneva, November 2007
The pilot year will also be used to develop democratic decision-making in the network, so that the plans for
future years can be discussed and agreed with the involvement particularly of domestic/household workers’
own organisations.
30
respect and rights
‘Domestic workers have become a political concern of the international trade unions and many
national trade unions, which increases the possibility to cooperate with the organisations of
domestic workers. When domestic workers want to represent themselves, they have to grow into the
unions and grasp this moment of attention and support.’ Anneke van Luijken, IRENE
‘The first step is won!
The Governing Body of the International Labour Organisation (ILO) decided on 19 March 2008 to
include the item ‘Decent Work for Domestic Workers’ (Standard setting) on the agenda of the 99th
session (2010) of the International Labour Conference.
The ITUC, together with the international trade union group Global Unions and the Workers’ Group of
the ILO Governing Body, had called on its affiliated organisations to urge the governments of the countries
represented on the ILO Governing Body to support the proposal to draw up an international convention
designed specifically to protect domestic workers.
‘The ILO has long been arguing in favour of a specific legal instrument for this particularly vulnerable
category of workers. This step towards the development of a new legal instrument should contribute to filling
a huge gap in terms of promoting decent work for all,’ said Sir Roy Trotman, Spokesperson of the Workers’
Group of the ILO Governing Body.
Source: www.ituc-csi.org/spip.php?article1933
The way forward
66. There is wide recognition that the situation of domestic workers which is currently a source of great
concern everywhere will greatly benefit from the development and implementation of international
standards that address human rights, fundamental workers’ rights and general conditions of work.
There is also recognition that a move towards that aim is long overdue and would help respond to, and
even anticipate, the needs of ILO constituents. Early decision on an item to be placed on the agenda of
the 2010 International Labour Conference for standard setting on decent work for domestic work will
enable the Office to start preparatory work, based on the wealth of existing research material. It would
also give the Office sufficient time to undertake a comprehensive review of current laws and practices
concerning domestic work and background material for the debate. The Governing Body may also
authorize the Office to organize a preparatory tripartite experts meeting in 2009 to examine the potential
contents of international instruments. Preparatory work will also entail a series of tripartite
consultations at regional and global levels.
Source: final paragraph text discussed in 301st Session of the Governing Body, 6-20 March 2008
Or search via: www.ilo.org/global/What_we_do/Officialmeetings/gb/lang--en/index.htm
The strong position taken by Global Unions and the whole Workers Group of the ILO Governing Body in favour
of an international standard will hopefully be heard and replicated by national unions. They will certainly
meet resistance from governments who will claim that they cannot at present afford to include domestic
workers in labour legislation and national social security systems; employers who will refute further regulations claiming that it will hamper employment; others who will assert that domestic workers are part of the
past (as it was said about workers in the informal economy some years ago). So the unions need to be well
prepared.’
Barbro Budin, Equality Officer, IUF in: www.ituc-csi.org/spip.php?article1895
respect and rights
31
32
respect and rights
60 years later there is a new chance:
Decent work for domestic workers
‘At its 31st Session (1948), the International Labour Conference adopted a resolution concerning the conditions
of employment of domestic workers requesting the Governing Body “to consider the advisability of placing
on the agenda of an early session of the Conference the question of the status and employment of domestic
workers”. A meeting of experts on the status and conditions of employment of domestic workers was held in
July 1951 and, at the Second African Regional Conference of the International Labour Organization (Addis
Ababa, 30 November to 11 December 1964), the Governing Body was invited, in a resolution, to undertake
studies and research on the problems of domestic workers with a view to improvement of their living
conditions.’
Source: 300th Session of the Governing Body, 1-16 November 2007 – 2nd item on the agenda.www.ilo.org/
wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_084886.pdf
Under point 4 text on domestic work
Document for the 301st Session of the Governing Body, 6-20 March 2008:
www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_090361.pdf
Under point 5 text on domestic work
Rules of the game : a brief introduction to international labour standards.
ILO, 2005. Guide on international labour standards and ILO standard setting.
Aimed at non-specialists, describes the essence of ILO Conventions and Recommendations
www.ilo.org/public/libdoc/ilo/2005/105B09 _ 205 _ engl.pdf
Handbook of procedures relating to international labour Conventions and Recommendations.
ILO, 2006.
www.ilo.org/public/libdoc/ilo/2006/106B09 _ 44 _ engl.pdf
Website of the new international network
* Mapping and liaison with domestic/household workers’ organisations and support groups worldwide
so as to promote their visibility, capture the magnitude of the effort already being undertaken for
domestic/household workers’ rights, as well as encourage their involvement in a network;
* The exchange of information and strategies, through a new website dedicated to
domestic/household workers’ rights
respect and rights
33
5 ACTION AROUND THE WORLD
Just how many domestic/household workers are there?
No-one has definitive data about domestic/household work in the world, often because it is not seen as
‘work’ and so labour force surveys tend not to include it. Here are some estimates that give a picture of
how many people are doing this work in the homes of others. (sources annex 2)
Worldwide
• Some estimates say that one-third of the world’s households have some form of ‘hired-in support’.
• Domestic/household work is the world’s largest occupation for young women.
• For children, it is the second largest occupation after agriculture; for girls under 16 years, it is the largest.

Asia
• The Asian Migrant Centre estimates that there are at least two million migrant domestic workers in Asia,
over 90% of whom are women.
• The AMC also calculates that over 750,000 migrant domestic workers in Asia are undocumented.
• The Philippines, Sri Lanka and Indonesia are the source countries for most Asian migrant domestic/
household workers. Women make up 60-80% of registered migrants from these countries, most of them
domestic workers.
• Indonesia: Since 1998, some 400,000 Indonesians have migrated to other countries each year.
 Middle East
• The countries of the Persian Gulf employ millions of immigrant women in domestic work. No fewer than
one million immigrant women work in low-level occupations, including domestic work, in Saudi Arabia
alone.

Latin America
• Domestic/household workers make up to 60 per cent of internal and cross-border migration in Latin
America.
• Female immigrants from Mexico and other parts of Latin America make up most of the domestic
workforce in the US.
Africa
• South Africa: about one million domestic/household workers, predominantly African and Coloured
women, work as housekeepers, cooks and nannies. Domestic/household workers (including men
gardeners) represent roughly 9% of all formal and informal employment in South Africa.
Europe
•
•
•
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Spain: domestic work is the largest single area of female employment.
France: more than 50% of migrant women are employed in domestic work.
Italy: some 600,000 people are registered as employed domestic/household workers, the great majority of
whom are non-EU nationals. There are also many who are undocumented, not having a work permit,
giving rise to an estimated total of 1.2 million workers in Italy providing domestic services to individuals.
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What is domestic/household work?
Domestic/household work covers many different activities, situations and relationships, and so is not
easy to categorise.
It includes many tasks such as cleaning, laundry and ironing; shopping, cooking and fetching water;
caring for the sick, elderly and children; looking after pets; sweeping and garden-tidying.
It involves workers in many different types of employment relationship:
• In welfare societies, where care workers are employed by the State or organisations subsidised by the
State, they often (though not always) benefit from proper employment contracts, union rights, and
collective bargaining agreements.
• With privatisation of such services, however, has come the growth of private supply agencies and a
detrioration in working terms and conditions and unionisation.
• In just a few countries there are collective bargaining agreements between trade unions and
confederations of householders.
• Most domestic/household work around the world, however, is done through private arrangements
between individuals, someone hired in or a family member, sometimes with a written contract but
usually with none.
• Many live-in are on almost permanent call in that household; others live elsewhere and may work for
several employers, perhaps spending only a few hours per week for each.
Domestic/household work fundamentally involves power relationships. It is:
• Never free of a gender perspective: in all societies domestic/household work remains seen as ‘women’s
work’; nowhere do men do an equal share of work in the home. It is when women get jobs outside the
home that –rather than men of the household doing more of the caring work– other women (or children)
are brought in to do it.
• Often holds a race or ethnic perspective: this is especially so for international migrant workers, whose
labour is wanted but who are often met by racism or xenophobia; also within countries women from
certain cultures or racial/ethnic groups are more likely to be employed by others from more powerful
cultures or groups.
• Sometimes involves age as a key aspect: in many countries there are still thousands of children doing
domestic work in private homes; on the other hand, there are also many older women whose only skills to
sell in the labour market are domestic ones.
• Almost always concerns poverty and class: very few who are not poor leave their own homes to work in
those of other people, who are usually more wealthy.
‘Domestic/household workers are a big issue for trade unions, not only because of their large and growing
numbers. It is also because they are among the most vulnerable of workers - and that is what we are here for.
Plus they are crucial to the labour market policies of the future.’
Annie van Wezel, FNV Mondiaal, Netherlands
‘Swept Under the Rug – Abuses against domestic workers around the world’
Human Rights Watch, 2006
On domestic work: www.hrw.org/campaigns/women/2006/domestic_workers/
Report: www.hrw.org/reports/2006/wrd0706/
Photo/video: www.hrw.org/campaigns/women/2006/domestic_workers/photos.htm#nolink
Summary in Spanish: www.hrw.org/reports/2006/wrd0706/wrd0706summarysp.pdf
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Who is organising for domestic/household workers’ rights?
‘In fact, there is so much activity around the world for domestic/household workers’ rights that it seems to me
our warehouses are rich and full.’
Annie van Wezel, FNV Mondiaal, Netherlands
Domestic/household workers’ self-organisations exist all around the world. Indeed, there seems to have
been quite a growth in recent years. What is more, they are more outspoken and creative in getting better
seen and heard.
In welfare societies such as Canada, Western Europe and Scandinavia, ‘care provision’ has for the past half
century been part of the public sector. There, most care workers who go into private homes to help look after
the sick, elderly or children have been state employees and members of public sector trade unions. Despite
privatisation and outsourcing, many still are in these unions – though the restructuring presents unions
with many challenges to keep them organised and negotiate agreements with employers as in the past.
Such formal arrangements are not how most domestic/household work is done around the world, however.
Even in welfare societies, household cleaning remains an unregulated arena: the ‘cleaning lady’ comes
in, say, for half a day a week, by verbal agreement with the householder. And this is how most domestic/
household work of all kinds is organised in most countries, not through the state but as a private
arrangement between individual householders or private agencies and individual workers.
Despite all the difficulties they face, including their isolation from each other and their poverty, many
domestic/household workers have nevertheless formed associations or trade unions to represent themselves
and get their voice heard. In some countries, trade unions of domestic/household workers as such are
technically ‘illegal’, but this does not stop them organising.
Meanwhile, for unions that are more used to factory- or office-based workers, organising the working poor
in the ‘informal’ economy is still a low priority. Supporting those such as domestic/household workers can
seem ‘expensive’, costing more in time and resources than they bring in. However, this is not a reason not to
organise and there are very good examples of solidarity between domestic/household workers’ organisations
and trade unions in certain locations, to mutual benefit.
It is much harder for ‘undocumented’ migrant domestic/household workers to organise, of course, and there
are literally millions of them around the world. Many are isolated, living under someone else’s roof and far
from home. Trade unions have found it difficult and not a priority to reach out to them and incorporate
their interests. Even so, courageous individuals have got together and built associations of migrant domestic
workers, often among those sharing a language or nationality. Of these, some have developed a close
working relationship with a trade union, particularly where the union leadership has been open. Other
migrant groups, by contrast, still work very much on their own, for many reasons.
Then there are the support groups for domestic/household workers set up by others concerned for their
plight, sometimes by faith groups, for example. Some of these are small, local NGOs. Some are big
international NGOs that focus on forced labour, or child labour, or migrant workers, and therefore relate to
domestic/household work done by the most vulnerable people in these situations.
Meanwhile, there is a regional confederation in Latin America and a regional network in Asia, which
combine elements of all these types of organisation.
The activities that all these organisations undertake for domestic/household workers’ rights are also very
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varied. A few, such as those in South Africa, Bolivia, Brazil and Peru, have formed recognised trade unions
and have helped to win new protective legislation and/or far greater visibility in society at large, though
they still have to work hard to get it implemented or for their issues to remain on the agenda. Others are still
small awareness-raising and support groups. And there is much in-between.
In fact, no clear mapping of the organisations and their activities around the world for
domestic/household workers’ rights seems to have been done as yet. So the conference aimed to
do some ‘stock-taking’ of what exists, and for those there –as well as those reading this report–
to learn more about each other. This ‘stock-taking’ continues since the conference.
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Part II – Practical experiences
Latin America and the Caribbean
Already united: CONLACTRAHO
Latin American and Caribbean Confederation of Household Workers
Household workers’ organisations throughout Latin America and the Caribbean are united in a regional
federation called CONLACTRAHO (Confederación Latinoamericana y del Caribe de Trabajadoras del
Hogar, or the Latin American and Caribbean Confederation of Household Workers). It was established
in March 1988 at the first ever meeting of Latin American household/domestic workers’ organisations, held
in Bogota, Colombia. Organisations from eleven countries were present. Today, member organisations
come from thirteen countries of the region, as well as Canada and an organisation of migrant workers in
Europe. Its headquarters are in Mexico City. For the first time at a conference in Europe, Marcelina Bautista
Bautista, CONLACTRAHO ’s Secretary General, explains the work of her federation:
‘Household workers, who are almost all women, have great problems defending their rights; many do not
know the legal situation; many are working in isolation, not allowed to join unions and discouraged from
making contact with support NGOs. Many are migrants within their own countries or come from indigenous
communities. On their free day, Sunday, they need to go for a walk or visit their families and children if they
can; so they have little time to organise themselves.
Many employers do not treat household workers as ‘workers’ but as inferior members of the household. But we
must make a distinction between work done by family members and work done by those who are hired in as
waged workers, for whom workers’ rights should be implicit.
In most Latin American countries there are laws which regulate this kind of work, but with fewer rights than
for other workers, for example with regard to social insurance. It is as if domestic/household workers are not
‘real’ workers. We need new initiatives to make this work visible and properly respected. Also, most of the laws
are discriminatory, with no gender perspective, and still permeating through them, not just culturally but even
within the juridical norms themselves, are notions of servitude or bondage.
In Bolivia and Peru, laws specifically to protect household workers were passed in 2003 (Bolivia: Law No.2450,
9 April 2003; Peru: Law No.27986, 3 June 2003) after a long struggle by organisations in those countries. In
Brazil a new law was accepted in 2006 (Law 11324). Yet it is very difficult to get these laws respected. We need
the ILO to help promote respect for household work in each country.
CONLACTRAHO promotes collaboration with trade unions because household workers’ groups cannot do
it alone. Many do get support from unions in their country, in political training, help with lobbying for legal
changes, etc. In fact, in Brazil and Chile the trade unions have a long history of defending household workers,
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going back to the 1920s. In Bolivia, by contrast unions for household workers were banned until the 1980s; now
there are several unions for them there. In Peru, it was not illegal as such but there were legal problems and the
big unions were fragile; so it is a big achievement that household workers there can even talk about founding
a trade union. In Mexico, the big unions are in decline and it was difficult for household workers to form their
own union; so in 2000 they founded the Centre for Support and Training of Household Workers (Centro de
Apoyo y Capacitación para Empleadas del Hogar, (CACEH) in Mexico City.
Some of our organisations are also working across borders, for example collaborating with organisations in
the Dominican Republic where many migrants come from. We have not yet started to work specifically on the
issues of child labour but we are aware that we should.
Our Confederation holds its Congress every four years, most recently the Fifth Congress in Peru in May 2006.
This elects the seven members of the Executive Board, including the General Secretary, the post I currently hold;
the other members of the current Board are from Argentina, Bolivia, Brazil, Ecuador, Peru, and Costa Rica.
We work to strengthen household workers’ organisations in each country and across the region, to increase the
visibility of this work and to try to combat the exploitation, marginalisation and discrimination that many
household workers’ face. We are very conscious of the social, cultural and economic diversities that exist in our
region, causing many Indigenous, Mestiza and Black women to find work in other people’s homes.
CONLACTRAHO members celebrate 30 March each year as an International Day for Household Workers,
using it to raise awareness for the rights of and respect for the dignity of these workers. We also work to raise
awareness in the international labour and women’s organisations (ILO, UNIFEM and UNICEF). We publish a
regular bulletin to keep everyone informed of developments.
It is not easy. We are not trained as professionals; many of us have worked in private homes for 15-20 years,
since we were children, and so we have had few educational opportunities; we do not necessarily have the basic
organising skills. However, we are convinced that we have to win back our rights and it is through our activities
that we grow and learn how to organise and defend the rights of our members and friends. As a federation,
CONLACTRAHO continues to promote the organisations of household/domestic workers and works towards
building their capacities and skills.’
A profile of Marcelina Bautista Bautista (in Spanish) is at:
www.indesol.gob.mx/docs/5_comunicacion/mujeres_14_MARCELINA.pdf
For more information on CONLACTRAHO (in Spanish) see:
www.cinterfor.uy/public/spanish/region/ampro/cinterfor/public/sind_for/castillo/pdf/exp_sec.pdf
Asociacion Grupo De Trabajo Redes, Peru.
La Casa de Panchita is a meeting place for domestic workers of all ages.
With a wide range of supportive and educational activities. Produced several educational
booklets. In Enlish: www.gruporedes.org/index.php?idioma=2
Brazil and compliance with CEDAW –Shadow Report of Civil Society– July 2007. The more recent victories …. were issued in Law No. 10208/2006 … and Law No. 11324/2006 ... the guarantee of these rights
ends up depending on the will of the employer. Given that in Brazil there are close to 6,658,627
domestic workers, of whom 6,206,202 are women, excluding access by this category to traditional
workers rights means the undermining of the citizenship of women. (on page 29)
www.agende.org.br/home/BRAZIL%20SHADOWREPORT%20CEDAW%20-13%20julho07.pdf
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Montrevideo Declaration
In December 2005, the International Labour Organisation (ILO) held a South American seminar on
women migrant domestic workers in Montevideo, Uruguay. Trade Union representatives coming from
Argentina, Brazil, Bolivia, Chile, Colombia Ecuador, Paraguay, Peru, Venezuela, Uruguay, met with
South American household workers’ organisations, consultants, trade union representatives from Spain,
and ILO experts. At the end of the seminar, participants issued a statement.
‘We, Latin American and Spanish women workers, participants to the “Trade Union Seminar on
Women Migrant Domestic Workers” agree:
1 To denounce the political-economic, social and cultural neo-liberal model that exploits male and
female household workers.
2 To promote the value of paid domestic work; change in our texts and dialogues the term ‘domestic
workers’ into the more suitable and respectful term of ‘household workers’, which includes a collective
recognition of their work.
3 To recognise that the demands of household workers, and migrants as well as the ending of child
labour are fundamental tasks of the trade union movement
4 To value the contribution that household workers make to the development of our countries and to
value the constant battle of their organisations throughout history for their just claims.
5 To request the ILO to support actions that guarantee full respect for the labour rights of household
workers and migrants, to promote Equality and Non-Discrimination of Gender, Race, and Ethnic
Groups, and the respect of the rights of indigenous people.
6 To fight together with labour organisations in all our countries, to defend the implementation of ILO
Conventions and to promote an International Convention to guarantee the rights of household
workers.
7
To agree to work together to make sure that the demands of household workers are in the center of
our trade union, social and political agendas, as well as in the center of the agendas of the Governments of our countries in order to guarantee equality of rights and better working conditions as
well as better salaries for household workers.’
Signed:- Argentina: CGT; CTA; CONLACTRAHO – SINPE CAF
- Brazil: CONLACTRAHO / FENATRAD; FORÇA SINDICAL; CGT; CUT
- Bolivia: FNCObrera BOL; CONLACTRAHO
- Chile: CUT; CONLACTRAHO
- Colombia: CGT; CTC; CUT; CONLACTRAHO / UTRAHOGAR
- Ecuador: CEOSL / FENACLE
- Paraguay: CUT
- Peru: CGT P
- Venezuela: CTV
- Uruguay: PIT CNT / SUTD; PIT CNT; Gender Department PIT CNT
- Spain: CC.OO
See: www.oitchile.cl/pdf/decmontevideo.pdf
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Union seminar for equal rights and decent work for domestic workers
Meeting in Asuncion, Paraguay, more than 40 representatives of union centres of Latin America and
Spain discussed proposals and demands from the union movement for equal rights and better working
conditions for migrant women who work as domestic servants. This was the second Union Seminar on
the issue and was held from Nov. 5-9, 2007 and was called by the International Labour Organization.
www.cioslorit.net/english/noticia1.asp?id=1091
Spanish: www.cioslorit.net/espanol/noticia1.asp?id=1076
Read the Declaración de Asunción (spanish) (pdf)
www.cioslorit.net/arquivo_up/Declaraci%C3%B3ndeAsunci%C3%B3n.pdf
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Bolivia: Household workers get legal protection
In a population of nearly 9 million, Bolivia has about 132,000 household workers, of whom 99 per cent are
women. Household workers’ organisation began in the mid-1980s in the capital city La Paz, using Sundays,
when many could get time off. Classes were run on topics such as literacy, cooking and sewing; it was
also the day for demonstrations, with household workers claiming their rights, wearing their aprons and
carrying brooms.
After many years of organising and lobbying, in 2003 FENATRAHOB (Federación Nacional de
Trabajadoras del Hogar de Bolivia, National Federation of Household Workers of Bolivia) successfully
got the Bolivian Parliament to pass the Household Workers Law. The law includes a minimum wage; a
maximum of 10 hours a day working time for live-in workers and eight hours for live-out workers; Sundays
and holidays off; 15 days holiday each year, and a bonus of one year’s pay after five years of work. Moreover,
the Government has declared 30 May as Household Workers’ Day.
Migueline Colque of FENATRAHOB says:
‘You don’t achieve progress from one day to the next, but over a long period of many years, with a lot of
commitment from colleagues. The laws passed in 2003 are very important and many cities are now complying;
there is a new officer within the Labour Department to support the new law, so they are taking us seriously.
And we now are able to take cases of unjust dismissals to court.
The laws are not yet fully implemented, though; we find that senior labour inspectors tend to support the
employers. Also, most household workers still do not have health insurance, pensions or written contracts.
However, we are anticipating help with getting health insurance. We have to get to every corner of every city; it
is now the poorer people who are exploiting household workers the most, with the lowest pay.
Before we were vulnerable and invisible; but with the new law now people are aware of us.’
Her FENATRAHOB colleague, Basilia Catari Torres, continues:
‘We are a grassroots organisation of household workers, formed when we women organised ourselves on the
basis of our needs. We were not recognised as workers, and many were migrants from rural areas who did not
know our rights. So we organised ourselves to achieve rights for household workers to agreed working hours,
fair wages, free education, access to health and retirement schemes.
As a way of attracting household workers, we hold training workshops to professionalise their cooking and
sewing skills; the workers we have trained can then ask for higher pay and better working conditions. We also
do training in handicrafts such as macramé, as this helps them to have an independent source of income. Plus
we run workshops on rights, such as reproductive rights.
We defend ourselves as a group, but also we help to make individuals strong so that they can defend themselves.
We experience triple discrimination: as indigenous people, as migrants, and as women. They think we are
‘stupid’ but training helps to overcome this, and this includes training in the rural areas where many household
workers come from.
We are a women’s organisation, organised by women household workers, and not managed by an NGO. They
give us solidarity and we grew through their help, which we very much appreciate. But we manage ourselves.
Our weak point is our financial situation; our resources are always very limited. However, everyone always
does what she can, and it is this solidarity by many individuals which makes our organisation strong.’
www.fenatrahob.org
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‘De Chualluma He Venido’ (‘I came from Chualluma’)
The life story of Basilia Catari Torres
Ayuda Obrera Suiza (AOS), La Paz, Bolivia, December 2000
Domestic worker becomes Minister of Justice in Bolivia
Casimira Rodriguez Romero started her working life aged 13 years, when she was taken from her rural
village in Bolivia to work in a private household in the city of Cochabamba. She remained in this work
for 18 years. As she grew up, she became a founder and then Secretary General of the FENATRAHOB
National Federation of Household Workers of Bolivia, where she worked hard for the legal reforms that
have been achieved in her country. She was also Secretary General of the Latin American and Caribbean
regional confederation CONLACTRAHO
In February 2006, Casimira Rodríguez was appointed as her country’s Minister of Justice. She is also
Bolivia’s first Quechua Indian to serve as a government minister.
‘Una Trayectoria Única’ (A Unique Journey)
A news story and short video (in Spanish) about the life of Casimira Rodríguezis at:
news.bbc.co.uk/hi/spanish/specials/2006/trabajadoras_hogar/newsid_5019000/5019716.stm
Mexico
Centro de Apoyo y Capacitación para Empleadas del Hogar (CACEH), Mexico
(Support and Capacity-Building Centre for Household Workers) Information leaflet in Spanish
www.indesol.gob.mx/docs/5_comunicacion/10_PracSoc2004.pdf
‘Hay condiciones de esclavitud’ (There are slave-like conditions)
Interview with Emilio Álvarez Icaza, President of the Mexican Human Rights Commission
In Spanish, with photographs
news.bbc.co.uk/hi/spanish/specials/2006/trabajadoras_hogar/newsid_5027000/5027812.stm
Paraguay
‘Trabajo doméstico remunerado en Paraguay’
‘Paid domestic work in Paraguay’
Verónica Lopez,Lilian Soto and Hugo Valiente (219 pages, in Spanish)
OIT/IPEC 2005: Sudamérica, Proyecto ‘Prevención y Eliminación del Trabajo Infantil Doméstico en
Hogares de Terceros en Sudamérica’,
www.oitchile.cl/pdf/publicaciones/igu/igu024.pdf
from same writers:
‘Necesarias, Invisibiles, Discriminadas: Las trabajadoras del servicio doméstico en el Paraguay’
‘Needed, Invisible, Discriminated Against: Domestic Service Workers in Paraguay’
ILO/IPEC and Centro de Documentación y Estudios (cde), 2005, in Spanish (40 pages)
bibliotecavirtual.clacso.org.ar/ar/libros/paraguay/cde/areamujer/trabajadoras.pdf
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Brazil
‘30 mil domésticas trabalham sem salário no Brasil’
‘30 thousand domestic workers work without wages in Brazil’
In Portuguese, with photographs
www.bbc.co.uk/portuguese/reporterbbc/story/2006/08/060811_domesticassemsalarioebc.shtml
www.bbc.co.uk/portuguese/reporterbbc/story/2006/08/060808_domesticospiorcategoriaebc.shtml
www.bbc.co.NUDE/portuguese/reporterbbc/story/2006/08/060809_domesticasinfantilrw.shtml
Latin America
‘International Women’s Day 2006: More, but not always better jobs for women in Latin America’
www.ilo.org/global/Themes/Working_Conditions/Wages/lang--en/WCMS_067504/index.htm
In English, Spanish and French
Peru: Another success story
Out of a population of 28 million in Peru, there are thought to be nearly 500,000 working in households, of
whom 200,000 are adolescents or children. In 2003, the same year as in Bolivia, the Peruvian Government
passed new legislation for domestic/household workers, the Household Work Law No.27986. This recognises
their work and gives them employment rights.
Marcolina de los Milagros Infante Ramirez comes from IPROFOTH (Instituto para la Promoción y
Formación de Trabajos en el Hogar-Institute for the Promotion and Formation of Workers in the Home),
an NGO based in the capital city of Lima. She describes how this victory was won:
‘The Household Work Law passed in 2003 took many years of struggle, a lot of demonstrations, travelling
around the country to win visibility for this work and gain support, and so on. At the time, so many women
who demanded their rights were dismissed by their employers.
We worked as a network of household workers’ organisations in ten regions. We visited night schools where
household workers might be. We published articles to raise public awareness. We lobbied the Ministry for
Women and the Ministry for Social Affairs for support; they said they had no budget, but they gave us resources
such as places to hold our conferences.
Eventually we got the new law, and we are very proud of our achievement. It lays down that household workers
have the right to a contract with their employer; this does not have to be written but can be verbal. The contract
must include:
• wage levels; food and sleeping quarters cannot be considered as part of the pay;
• there must be proof of payment/work done so that the household worker later has proof of employment;
• maximum working hours of 8 hours per day;
• a weekly free day of 24 hours on Sunday plus public holidays; if more time is worked, there must be more
pay;
• 15 days’ leave per year on at least half-pay
• a bonus for Christmas and Independence Day on 28 July.
The Government also now sets a minimum wage, recognises the right of household workers to register for social
security, join a pension plan, and pursue further education. Now we are starting to work with employment
agencies so that they know about these rights that they should comply with.
We are just starting to build a trade union of domestic/household workers. At night we go to the homes
where household workers are working and invite them along; or we go out on the streets early in the morning
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when they are out buying bread. The union is very new and was only officially registered in October 2006. At
first the Ministry said, ‘Why do you want a union, when you are not organised in a workplace?’ but we had to
be strong and kept pushing them.
We household workers must be actors in every situation. We may not be university educated, but we have
gained a lot of education through our lives. Now we are working on strengthening the capacity of our
union leaders.’
A further interview with Marcolina de los Milagros Infante Ramirez
by Jan Bom for FNV Mondiaal (in Dutch only) can be found at:
www.fnv.nl/helpjezelf/mondiaal/nieuws/marcolina_richt_vakbond_dienstmeisjes_peru_op.asp
Film 5 min. IPROFOTH, where Marcolina talks about the work of the organisation (as described above).
Victoria Reyes, founder of IPROFOTH, talks about the need of a good law. Produced by FNV Mondiaal, by
Astrid Kaag (January 2008). http://unionrenewal.blogspot.com/2008/02/domestic-workers-in-peru.html
http://nl.youtube.com/watch?v=XAxfm7GM9no&feature=related
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Domestic worker: Half a worker
Household Workers Law No. 27986 was passed in Peru in 2003 after a long struggle by domestic/
household workers in the country. Despite this victory, and the protections that it gives them,
discrimination and an under-valuation of household workers is embedded even within this new law.
Household workers in Peru can count on less favourable labour rights when compared to other workers:
1
Household workers’ pay is determined by free agreement between two parties. That is to say, household
workers do not have the right to a minimum living wage, unlike other workers. Despite this, their
social security contributions for health insurance and pensions are calculated on the basis of them
getting a living wage.
2 Compensation for length of service: For household workers it is calculated at 50% of their pay, whereas
other workers get 100% of their pay.
3 Holidays: Household workers only have the right to 15 days’ annual holiday, unlike the other workers
who have the right to 30 days’ holiday a year.
4 Work during days-off/holidays: When somebody works on a holiday she has the right to receive pay for
the work done plus an additional payment of 100% daily wage. However, household workers receive
pay for the work done plus an additional payment of only 50% of the daily wage.
5 Gratuities/allowances: on Independence Day and Christmas, household workers get an allowance of
50% of their monthly pay; other workers receive 100% of their monthly pay.
Source: www.presenciacultural.com/blog/2007/01/27/casa-mazmorra-trabajadora-del-hogar/
Plus flimclip on same page – about (hovel) housing conditions of domestic workers (in Spanish):
Casa mazmorra: Trabajadora del hogar
‘Haz Valer Tus Derechos!’ – ‘Defend Your Rights’
Information for household workers, including on the Household Workers Law No. 27986 of 2003 and
model employment contracts.
CESIP (Centro de Estudios Sociales y Publicaciones), Lima, Peru
www.cesip.org.pe/publicaciones/p69.htm
Law No 27986 www.cajpe.org.pe/rij/bases/legisla/peru/27986.pdf
Centro de Capacitación para Trabajadoras de Hogar (CCTH)
Centre for Household Workers Capacity-building – www.ccth.com.pe
‘La Ley de las Trabajadoras del Hogar (Perú)’ ‘Household Workers Law (Peru)’
www.ccth.com.pe/ley.html
CGTP – Sindicato Nacional De Trabajadoras Del Hogar Del Perú (SINTRAHOGARP)
Plan Estratégico 2007-2012
http://syscgtp.cgtp.org.pe/modules/Biblioteca/images/CGTP-MUJER/Planificacion%20estrategica%20
2007-2012%20SINTRAHOGARP.pdf
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‘La Sindicalización de las Trabajadoras del Hogar en el Perú: De la Necesidad a la Propuesta’
(‘Trade union organisation of Peruvian Household Workers’)
Also includes information on laws in other Latin American countries.
CGTP (Confederación General de Trabajadores del Peru), 2006, in Spanish
www.syscgtp.cgtp.org.pe/modules/Biblioteca/images/Publicaciones/Sindicacion_Trabajadoras_
Hogar_2006.pdf
‘Situación de la Trabajadora del Hogar en Perú’
‘The Situation of the Household Worker in Peru’
La Red e Auto Organizaciones de Trabajadoras del Hogar del Peru, 2005, in Spanish.
Available from: [email protected]
Trinidad and Tobago: ‘Crumpled up and thrown in the bin’
‘For the purpose of this Act persons employed in domestic work and paid by the householder are not
regarded as workers.’ (Trinidad and Tobago, Industrial Relations Act, 1972)
‘This is still our struggle in Trinidad and Tobago’, comments Ida le Blanc, General Secretary of the National
Union of Domestic Employees (NUDE) of Trinidad & Tobago, two islands in the Caribbean. NUDE was
set up in 1982 to represent the 12,000-plus domestic/household workers there. Ten years later, the union
also opened its doors to include other low-waged workers who are not protected such as casual/temporary
workers. All the union’s leaders are women. Ida continues:
‘Not being regarded as ”workers” under our legislation, our domestic workers still have no recourse for
wrongful dismissal, or can be fired at the whim of their employer; they are also excluded from the Occupational
Health and Safety Act.
We do have a Household Assistants Act and this says that there should be a written contract of employment, 14
days’ annual leave, maternity leave under the Maternity Protection Act and other provisions. However, there is
virtually no implementation and it is a big problem for our union.
As for the National Insurance Scheme, it is mandatory for employers to register every worker; but in the case
of a domestic worker, she must register herself. In a recent case taken up by our union, a domestic worker had
asked her employer to get in touch with the NIS registration board to register her; she had given her employer
all the details but the employer just crumpled them up and threw them in the bin, and then dismissed her. She
went to the Ministry of Labour, who sent her to our union.
The Minimum Wage Act is a victory for us. Here we got the government to change the relevant court for
domestic workers from the civil court to the industrial court so that we could have union representation.
We achieved this after we held several workshops throughout Trinidad and Tobago. The Minister of Labour
officially opened one, and heard the voice of over a hundred domestic workers. We used the media and
newspapers to spread the word.
Many workers do not use this mechanism, though, and I understand why; when we pursue the matter at the
Ministry of Labour to get moving, we make enemies; if you take a case to court, you wait about two years for
the bureaucratic wheels to turn. It means that many workers do not have confidence in the law. Workers feel
they are not sufficiently compensated by the Judges at the Court, and no stiff penalties are ordered against the
employers.
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‘Equal Rights for Domestic Workers’ Campaign
On 13 January 2007, NUDE launched a campaign to get equal rights for domestic/household workers in
Trinidad and Tobago. They wrote to the Minister of Labour asking for the Industrial Relations Act to be
amended to include domestic workers. This was already recommended a decade earlier by an
ILO workshop to Improve the Status, Terms and Conditions of Work of Domestic Workers in the Caribbean in 1997, and then by the country’s Committee on the Elimination of Discrimination
Against Women in 2002. The NUDE letter was accompanied by a petition.
e-mail: [email protected]
Asia
Asian Domestic Workers’ Network
The Asian Domestic Workers’ Network was established in 2004, following a workshop in Hong Kong
the previous year organised by the Committee for Asian Women. The workshop identified the need for a
network to provide mutual support for domestic workers’ organisations across the region.
ADWN currently has eleven member organisations, from Sri Lanka, India, Nepal, Pakistan, Indonesia and
Hong Kong. Five are self-organisations (trade unions) of adult domestic/household workers, which become
regular members of the network; they have voting rights and elect the Executive Board. A further six are
NGO support organisations, which are associate members; they are involved in programme planning and
implementation. At present, CAW hosts the secretariat of the ADWN.
Ip Pui Yu (commonly known as ‘Fish’) was one of the ADWN representatives attending the conference. She
first gives an indication of the huge scale of domestic work in Asia, and then describes the efforts under way
to organise these workers locally and through the network:
‘The numbers involved in domestic work in Asia are very big:
• Employment in private households accounts for about one-third of all female employment in Asia.
• About 1.5 million Asian women work as migrant domestic workers in other countries;
• Statistics for internal migrant domestic workers (women and children) migrating from rural or poorer areas
to cities scarcely exist, however;
• In the Philippines, there are estimated to be over 600,000 local domestic workers;
• Figures from one province alone of Indonesia, Yogyakarta (Central Java), indicate 40,000 local domestic
workers and 40,000 working in Hong Kong;
• In Hong Kong, nearly one-third of all families employ a domestic worker: one in ten employs a migrant
domestic worker, while more than two in ten employ a local domestic worker.
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Domestic work has existed for centuries in Asia, when girls were sold by poor families to rich ones, put to work
as “slaves”, “maids” or “servants” or described as a quasi member of the family so as to deny their rights. Today,
such feudal and patriarchal values continue to shape the way the work is valued, i.e. it is “work of no value
done by women of low caste, ethnic group or race”.
As a result, in many countries the definition of ‘domestic work’ is vague - domestic workers are said to be there
to make a person in their own home more ‘comfortable’; so there is little recognition for these workers as
“workers”; little or no protection in labour law or social security; little or no respect for collective bargaining
rights. This provides a rationalisation for abuse; some household workers receive no payment for their work
at all, only “shelter” and food; there is no opportunity for training to upgrade skills; no health insurance; no
retirement protection. For others the abuse can be more extreme forms of mental, physical or sexual assault.
Isolation from society and lack of personal life add to the stress.
We have to look at why domestic work is growing. It is directly related to wider economic and political
developments. During the Suharto military regime in Indonesia, for example, farmers were told to plant
certain crops, the prices fell, farmers became poor, and daughters had to find work. Elsewhere, policy
prescriptions from the World Trade Organisation (WTO) are causing a collapse in the rural economy and
increasing urbanisation. Capital flight, factory closures and privatisation lead to lay-offs, and the women who
become unemployed resort to domestic work for a living. Urban women absorbed into the labour force need
help with household work, and this demand is met by impoverished rural women who have few other options.
Many organisations of domestic workers have started up in Asian countries in recent years. Some, for example
in Japan and South Korea, are in the form of associations or co-operatives. In Hong Kong and Indonesia
there are registered trade unions of domestic workers; however, in most countries, this is legally difficult or
impossible. Meanwhile, those who are migrants are joining migrant workers’ self-organisations or support
NGOs, for example in Xian in China. Others are supported by women’s organisations, or religious institutions,
or sympathisers such as teachers.
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These organisations undertake a range of organising and mobilising strategies. Some emphasise the selforganisation of domestic/household workers in independent groups, to speak for themselves to raise public
awareness and lobby for legal changes. Others are advocacy groups on behalf of domestic/household workers.
Some provide support such as a help-line, or a rest house, or free health aid or legal aid. Some help women find
work in households with decent employers.
Getting in touch with individual domestic/household workers is always difficult and groups try various
methods: from personal networking via friends, relatives, or community/religious leaders; to door-to-door
surveying and home visits; and going to markets, parks and other public places where domestic workers might
be. Some groups try to attract with recreational activities. Others try building rapport with employers.
ADWN’s main mission is to support the self-organisation of domestic workers, to assist them to strengthen
themselves. We do this through training, study tours and exchange programmes where they can share
their organising and legal reform strategies. However, we also want to work closely with others involved in
supporting domestic workers such as the child and migrant workers.
We play an advocacy role, lobbying for policies and programmes, at international as well as local levels, that
will bring about greater value for the work of domestic workers, give them access to social services and promote
their rights as workers. We are particularly interested in the idea of a new ILO Convention to extend “decent
work” to domestic/household workers.
We also try to secure media coverage, to encourage more social partners to rally to the cause of domestic
workers. We do need to make this invisible sector of work more visible in society at large. Our vision is for a
society that affirms domestic work as decent and dignified.’
For more on ADWN, see: www.cawininfo.org/Article312.html and www.cawinfo.org/Category8-All.html
‘New Initiatives in Organising Strategies in the Informal Economy: A case study of domestic workers’ organising’
By Sujata Gothoskar - Committee for Asian Women, Bangkok, July 2005
www.cawinfo.org/Article205.html
‘Reclaiming Dignity: Struggles of local domestic workers in Asia’
Report of the workshop held in Hong Kong, October 2004 involving domestic workers’ organisations
from five Asian countries: Hong Kong, India, Indonesia, South Korea, and the Philippines.
Edited by Sarah Eunkyung Chee, Deepa Bharathi and Lee Siew Hwa
Committee for Asian Women, Bangkok, 2004 - www.cawinfo.org/Article145.html
‘Women Domestic Workers’
By Ranjana Athavale, Vijay Kanhere and Sujata Gothoskar
plus ‘Report of Asian Domestic Workers’ Network Study Tour’ - www.cawinfo.org/Article207.html www.cawinfo.org/Article207.html
In ‘Asian Women Workers’, Committee for Asian Women, Vol.25, No.1, January 2006
‘Dreamseekers: Indonesian women as domestic workers in Asia’
By Dewi Anggraeni
Equinox Publishing and ILO, 2006
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Indonesian migrants organise in Hong Kong
The Indonesian Migrant Workers’ Union (IMWU) in Hong Kong was founded in 1999, out of a self-help
group set up six years earlier, called the Indonesia Group Hong Kong. The IMWU is an affiliate of the Hong
Kong Confederation of Trade Unions (HKCTU) and through the HKCTU has been developing common
positions and relationships with the international confederation ITUC since 2003. Sartiwen Binti Sanbardi
says they wanted to become a trade union so they could be officially recognised and so have a more political
agenda of promoting labour rights. She continues:
‘Our current membership is over 2,300 Indonesian domestic workers in Hong Kong. They are very poor. Some
have to pay high deductions out of their salaries to an agency for the job, leaving them with virtually no income
for a long time.
If they leave their job, or when their contract ends, they have to leave Hong Kong within two weeks, according
to law. This makes many become undocumented, and they end up working in bars or in the sex industry. Other
migrants can eventually become residents of Hong Kong after seven years, but not domestic workers. This is
discrimination. So we took the ‘Two Weeks Rule’, as it is known, to the United Nations under the Convention
on the Elimination of All Forms of Discrimination against Women (CEDAW) and they are now bringing
pressure on the Hong Kong Government to abolish it.
Even though many domestic workers send big revenues home, the Indonesian Government has not been
supportive. So we have been very active in lobbying, with some success. In 2003, we argued strongly against a
government policy that sought to make it compulsory for migrants to return home to renew their contract and
re-pay agency fees. Eventually the Government succumbed and reversed the policy.
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Then in 2004, we conducted a mass education campaign to put pressure on the Indonesian Government to
reduce the exorbitant agency fees being charged to migrants coming to Hong Kong. We succeeded in signing
a three-way Memorandum of Understanding between the Ministry of Labour, the union, and the largest
employment agency, the PJTKI, securing a lower fee. Implementation has been difficult, but the process has
forced the Government and agencies to recognise the role of our union. In August 2006, we again won a victory
when stopped the Jakarta Labour and Transmigration Department from requiring all Indonesian migrants
working overseas to re-register with the local Labour Department when back home on leave.
Meanwhile, over the past three years we have organised many training programmes for our members in Hong
Kong on topics such as organisational management, bookkeeping, computer skills and the internet, English
and Cantonese, traditional dance, plus trade unionism, migrant human rights, leadership and team-building,
and advocacy. This has helped our members to express their problems through filing complaints, and to
participate in campaigns and protests. We also have a small shelter for Indonesian workers who are taking
their cases to the Hong Kong Labour Department.
To help raise awareness, we take part in the annual May Day activities with the HKCTU and hold activities on
the Indonesian national Kartini Women’s Day – which brings more Indonesian domestic workers to seek help.
We have also produced a video called “2.5 Billion for the State”, referring to the remittances migrant domestic
workers send back to our home country. We have shown this to other migrant support groups, as well as to the
Indonesian and Hong Kong Governments.
As well as our union in Hong Kong, there are Indonesian migrant workers’ organisations in Korea, Taiwan
and Singapore. We belong to the Migrant Forum in Asia, and coordinate with many others at regional and
international level to strengthen the campaign for migrants’ human rights.
One weakness is that it is hard to collect fees from our members. For now, we have to depend on funding
agencies and support from NGOs. We are strong because these NGOs and the HKCTU are helping us, for
example with administration. But we understand this is a problem for our sustainability.’
A further interview of Sartiwen Binti Sanbardi
By Sam Grumiau for the ITUC (in English, Spanish and French)
can be found at: www.ituc-csi.org/spip.php?article472
‘2.5 Billion for the State’
A film by the Indonesian Migrant Workers’ Union, Hong Kong, 2002
In English and Bahasa Indonesia. 53 Minutes.
Contact: [email protected]
‘Underpayment: Research on Indonesian Domestic Workers in Hong Kong’
Asian Migrant Centre, the Indonesian Migrant Workers Union (IMWU), and the Hong Kong
Coalition of Indonesian Migrants Workers’ Organisations (KOTKIHO)
www.asian-migrants.org/index.php?option=com_content&task=view&id=4&Itemid=101
More information on the IMWU, including photographs,
can be found at: www.asian-migrants.org
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Hong Kong: ‘Heart of Love, Care and Justice’
The Hong Kong Domestic Workers’ General Union was formed in mid-2001. Its symbol and slogan
represent the ‘heart of love, care and justice’.
The union’s membership comprises local domestic workers hired to clean homes and care for children, the
aged and newborn infants. Most are employed on a casual basis, with irregular hours or only short-term
contracts. Nearly all are women, and they meet weekly or monthly in local areas of Hong Kong.
The union’s Executive Committee members are all women, Ip Pui Yu (Fish) is on of them. It is affiliated to
the Hong Kong Confederation of Trade Unions (HKCTU), and collaborates with other migrant domestic
workers’ groups and unions in Hong Kong, such as the Indonesian Migrant Workers’ Union.
www.hkctu.org.hk
Victory in Collective Action Against Anti Migrant Policy in Hong Kong
February 2008. Around 1,500 Indonesian migrant workers gathered outside the Indonesian ConsulateGeneral to demand the retraction of policy number SE 2258. Some workers went on hungerstrike.
This policy required all Indonesian migrant workers to get permission from both their agency and the
Consulate before they could change their employment agency leading to the continued extortion of migrant
workers through the 7 months wage deduction.
Coming out from the dialogue, this was the first ever in history that the Consul General was willing to meet
the migrants during the mass demonstration and then personally announced the new policy to replace the
SE 2258 policy.
There are several important points that were announced publicly in front of the mobilized migrant workers
and hunger strikers, as follow:
1 The employment agency has to provide ‘a guarantee letter’ to the Consul General stating that they will
not charge more than 10% of the migrants’ first month salary as a payment for processing the contract
renewal of Indonesian migrants in Hong Kong.
2 For those migrants who want to change their employment agency to process their contract renewal it
will not be necessary to report to the Consulate.
3 When changing their employment agency for contract renewal, it is not necessary anymore to get an
endorsement letter from the old employment agency.
‘That this victory, which they just gained last Sunday, will become their spirit to continue the long struggle
ahead to fight for the justice and equality for all migrants’ workers.’
Hong Kong Coalition of Indonesian Migrant Workers Organization (KOTKIHO) and the Indonesian
Migrants Workers Union (IMWU). IMWU and KOTKIHO are member of Migrant Forum in Asia (MFA),
member of Coalition for Migrants Rights (CMR), and also member of the Asian Domectic Workers Alliance
(ADWA).
Association of Indonesian Migrant Workers in Hong Kong (ATKI-HK), member of Asian Migrants
Co-odinating Body (AMCB) in Hong Kong (alliance of migrants organizations from Indonesia, Filipina,
Sri Lanka, Nepal and Thailand), the United Indonesians Against Overcharging (PILAR - alliance of 22
organizations of Indonesian migrants in HK), Indonesian Migrants Muslim Alliance (GAMMI – alliance of
14 Indonesian organizations) and Global Alliance Against Trafficking in Women (GAATW).
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‘The fact that we are able to mobilize thousands of Indonesian migrants to protest this campaign is a
victory already and to show how empowered they are.’
TIWA –Taiwan International Workers’ Association– aims to promote cooperation between migrant
and local workers, to improve the working conditions and social environment for migrant workers in
Taiwan, and to increase workers’ rights and benefits.
TIWA runs the House Of Migrants Empowerment-H.O.M.E. and cooperate with TIMWA-Taiwan
Indonesian Migrant Workers’ Association and KaSaPi-Kapulungan ng Samahang Pilipino.
On their web information about the National Migrants Rally 2007 ‘I WANT MY DAY OFF!’
Have produced a film about migrant domestic/care workers in hospitals, hired by the relatives,
taking care of very old people in the Taipai Jen Ai Hospital ‘Hospital Wing 8 East’.
’
www.tiwa.org.tw
China: Growing unmet demand for household services
The massive growth of the Chinese economy under neo-liberalism is not good news for all of this country’s
huge population, particularly the women. Vast numbers are unemployed, especially women laid off from
former State-owned enterprises and those in the rural areas. The Chinese Government sees expanding
household services as a key area to solve this problem.
Meanwhile, there is huge demand for such services in the rapidly-growing urban areas. The intensity of
work for those in employment is increasing, taking time away from that needed to run one’s own household.
Official figures indicate there are some 7 million people engaged in domestic services in the country’s 32
mega-cities and 43 major cities.
Yet household work is still seen as ‘disgraceful’ and ‘face-losing’, a job only taken by poorly-educated rural
migrants and non-locals. Wages are low compared to the cost of living, and working hours are very long and
without a fixed schedule. Having one’s own social life is very difficult. So there is a big shortage of women
willing to do this work. Figures for the demand for these workers range from 14 to 22 million.
Shanghai is the only city in China providing social insurance for domestic workers in the city (both local
and migrant), though it is a voluntary scheme into which employers contribute. The key problem is that
labour law in China continues to exclude domestic workers from its protection.
Legal experts and labour/women’s groups are calling for legislation on the household sector to be on the
agendas of the 2007 National People’s Congress and the Chinese People’s Political Consultative Conference
session. The Beijing Cultural Development Centre for Rural Women has drafted proposed regulations for
the household service sector in Beijing. However, there is also disagreement among organisations about what
kind of legislation should be promoted.
Edited extracts from: ‘Domestic Work and Rights in China’
By May Wong ‘Asia Labor Update’, No.59, April-June 2006, Asia Monitor Resource Centre, Hong Kong
www.amrc.org.hk search on ‘domestic work’
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New initiatives in Beijing
The Beijing Migrant Women Workers’ Club is one of the activities of the Beijing Cultural Development
Centre for Rural Women, an NGO aimed at promoting rural women’s development. The Club,
established in 1996, provides a cultural meeting place for migrant rural women who have come to find
work in Beijing. It is run by the migrant women themselves, and their activities include literacy classes,
encouragement for rural women to engage in politics, and suicide prevention training.
In 2003, concerned at the lack of access for domestic workers to medical or social insurance, the Club
began organising activities to improve their legal situation, as well as their access to vocational training.
They have drafted a set of regulations to protect domestic workers which they are trying to get taken up by
the Beijing authorities. In 2004, they tried to set up a domestic workers’ union but faced great difficulties.
Trade unions in the country are ‘top-down’ hierarchies and, with domestic workers having the lowest
social status of all, it was questioned why domestic workers would want or need a union. It is also against
the law in China for an NGO to help found a union; it is up to employers to help workers do this, which
the Women’s Club believes is a conflict of interest. There is, however, a domestic workers’ union in
the city of Xian. It is affiliated to the All China Federation of Trade Unions (ACFTU) as all such
organisations have to be.
www.nongjianv.org/web/english/aboutus/club.html
The ILO office in Jakarta has produced several useful publications on domestic workers’ rights in Asia,
and Indonesia in particular, in English and Bahasa Indonesia, including:
‘Domestic Workers in Southeast Asia - A Decent Work Priority’
‘Overview of Key Issues Related to Domestic Workers in Southeast Asia’
‘The Regulation of Domestic Workers in Indonesia: Current laws, international standards and best
practice’ ILO, Jakarta, June 2006
See the full list at: www.ilo.org/public/english/region/asro/jakarta/publ/domesticworkers.htm
‘Help Wanted: Abuses against female domestic workers in Indonesia and Malaysia’
Human Rights Watch: www.hrw.org/reports/2004/indonesia0704/
Maid to Order – Ending Abuses Against Migrant Domestic Workers in Singapore
Human Rights Watch: www.hrw.org/reports/2005/singapore1205/
Always on Call – Abuse and Exploitation of Child Domestic Workers in Indonesia
Human Rights Watch: www.hrw.org/reports/2005/indonesia0605/
‘Indonesia, Malaysia: Overhaul Labor Agreement on Domestic Workers:
Proposed Malaysian migrants bill would violate basic freedoms’
Human Rights Watch: www.hrw.org/english/docs/2007/02/20/indone15370.htm
‘Costly Dream’
An interactive photo essay on Indonesian migrant domestic workers, particularly in Singapore.
With spoken commentary in English.
inmotion.magnumphotos.com/essays/costlydream.aspx
‘Indonesia: Exploitation and Abuse: The plight of women domestic workers’
Amnesty International, February 2007
English: web.amnesty.org/library/index/engasa210012007
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Indonesia: ‘We are now being taken seriously’
The ‘Tunas Mulia’ Domestic Workers’ Union was founded in 2003 in the city of Yogyakarta in Central Java,
Indonesia. Originally meeting as a study group in mosques, the domestic workers felt the need to become
a union so as to take up the issues of their rights as workers. The union has been running very imaginative
campaigns, targeting employers to sign work contracts, successfully convincing the Local Government
to recognise them, and getting the National Government to start work on a new Bill for legal and social
protection of domestic/household workers.
Those helping the union have included the Tjoet Njak Dien Women’s Forum (Rumpun Tjoet Njak Dien,
named after a famous Acehnese woman who fought against colonialism) and the National Network for
Domestic Workers Advocacy (Jaringan Nasional Advokasi Pekerja Rumah Tangga) which is a network of
26 member organisations around the country. Susi Apriyanti from Tunas Mulia explained the work of their
union. Sadly, Susi died in a motor accident in August 2007.
‘Our union has about 300 members at present. The national government does not recognise us officially as
a union; technically it cannot, because domestic work is not recognised as “work”. However, we have made
progress with several Ministries, and even more so at regional and local level, and we are now being taken
seriously.
At the provincial level in Yogyakarta, we persuaded the Provincial Governor to issue a decree in 2003 which
requires the municipalities and the four regencies in the province to issue regulations on domestic workers. We
are expecting these to be passed in 2007.
Meanwhile, we have also managed to introduce work contracts between individual employers and workers,
to be signed by both. We target employers through, for example, publicity in women’s magazines. We also
campaign through drama and our newsletter. We explain how contracts benefit both the worker and employer
in a win:win situation. We find that many employers do not want to look like abusers. We appeal to their sense
of humanity.
We also have a school giving skills training to domestic workers. The Ministry of Education was impressed by
our curriculum and provides some funds. The training is so far limited to skills and it would be good to expand
it to training in how to deal with bad situations, including those experienced by migrant domestic workers
working abroad. We think that there should be training for employers too.
Employers can come to our school to find the worker they need. In return, they must follow a binding
agreement on working terms and conditions. In households where there is an employment contract, the union
checks every three months that it is being implemented. Either the union visits the individual households
to check, or the workers come to the union. We also distribute a questionnaire to our members every three
months, to get updated information on their working conditions. The worker can join in our monthly
meetings, where they can express their problems if they want to. We also reach out through drama and radio
programmes.
Tunas Mulia members are very active, organising their own meetings and activities without “knowledgeable
staff” to help. In the Yogyakarta area they have set up 8-9 “Operatas” or village groups, to get domestic workers
together and to liaise with local leaders, to get support and understanding.
We have been working like this since 2003 and it seems to be going well. The members feel secure, and the local
government even took our contracts as a model. Even on a national level, we have made progress through
our lobbying with the Ministries of Labour, Welfare, and Education. There is greater recognition now for how
many people are involved in this industry and that they should have some protection. To get this far we have
had to campaign non-stop.’
more information: [email protected] (secretariat of the organisation)
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Organising In The Informal Economy: Resource Books For Organisers
text in Draft for Review – September, 2007
This series of organiser resource books on Organising in the Informal Economy forms part of the
programme of the International Coordinating Committee on Organising in the Informal Economy
(ICC). It is a response to requests from unions and worker organisations for practical ideas on how to go
about organising in the informal economy.
1
2
3
4
5
6
Recruiting Informal Workers Into Democratic Worker Organisations
Building And Maintaining A Democratic Organisation Of Informal Workers
Handling The Day-To-Day Problems Of Informal Workers
The Practice Of Collective Negotiation For Informal Workers
Handling Disputes Between Informal Workers And Those In Power
Collective Action For Informal Workers
Written by Chris Bonner (WIEGO), with the assistance of Pat Horn (StreetNet International),
Crystal Dicks (IFWEA). www.streetnet.org.za
Available also in Spanish and French via: [email protected]
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India: Domestic Workers’ Movements
The National Domestic Workers Movement in India, based in Mumbai, brings together organisations in
23 states of India. It is part of the Catholic Church of India and works for and with domestic workers and
children in domestic work. Anjali Shukla, Project Coordinator for the NDWM, gives an overview of the
situation in India and the work of the NDWM:
‘Up to now, domestic workers are not recognised as workers under Indian labour legislation, and therefore have
no rights or benefits. In 1995 and again in 1999 a Bill was tabled but was then set aside and not passed.
In just two out of 28 Indian states, there are provisions for a minimum wage, a weekly day off, or overtime pay
for these workers. Just three states have approached us and other domestic workers’ organisations to set up
social insurance schemes.
There have been some encouraging developments recently, however. After a lot of lobbying, domestic work has
been included in the schedule to a new Bill to regulate the ‘unorganised sectors’; this is still awaiting approval.
Also child domestic labour has been declared ‘hazardous’ and is now banned throughout India.
We see our movement not as a trade union but as a mediator between employers and workers. We introduce
people looking for jobs to private households in need of workers. The workers pay a fee and get our support,
which includes some minimum working conditions.‘
See also: www.ndwm.org
To download: ‘DOMESTIC WORKERS’ LINK’ Quarterly Newsletter NDWM
More: www.deshkalindia.com/unorganised-labour.htm#working
Geeta Menon of the Karnataka Domestic Workers’ Union and Stree Jagruthi Samithi, India, adds:
‘There is no central approach to domestic workers in India. Each state does the minimum that it can. In
Karnatika and Kerala, for example, there are minimum wage notifications but the levels are too low for an
adequate or ‘living’ wage. We have done research and made representations in Karnataka, which is our state,
criticising their methods of calculation and proposing a better and fairer wage system.
But when we go to the Labour Commissioner, their appetite to do anything is low. This is ‘not a sector to be
looked at’, they say, throwing up their hands. ‘Enforcement is impossible as there are no inspectors’. Our reply
is ‘Why can’t we help be that inspectorate? We could use the unemployed youth, for example’. We are trying to
build databases of employers and employees so that we can help enforce whatever regulations exist.
In our union, we felt that, unless domestic workers are given a legal identity as workers, their work and
relentless toil will go unrecognised. Society must go beyond the gendered notion of housework, lift this work
from patriarchal definitions, and look at its economic value, changing the attitude of looking at these women
as servants or slaves, and start perceiving them as workers.
The organising of domestic workers starts with their own understanding, moving away from the notion of
individual workplaces to that of collective strength. This is a continuous process of education, meetings,
dialogue and confrontation, done by the union collective, using the media and other communication methods.
So they become members, recognise the value of their work, and negotiate with government for recognition and
regularisation. We have also been using the strategy of placement of workers so that there is space for drawing
up formal agreements between employer and employee and there is responsibility on both sides. Another aspect
is to assess the possibility of educating the employers.
Of late, we are working with the idea of including domestic workers in the Labour Welfare Board, as well as the
Minimum Wage Advisory Board, so to suggest changes in the wage structure.’
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See also ‘Minimum Wages: A boon for the domestic workers in Karnataka’
Labour File, 2 June 2005 www.labourfile.org/newsMore.aspx?Nid=23
Domestic Workers and Demand for Living Wages www.thesouthasian.org/archives/2006/
domestic_workers_and_demand_fo.html (plus click on paper on living wages)
Employed by All Recognised by None -The Status of Domestic Workers in India
http://uin.org.uk/content/view/270/66/
North-East India: ‘It was an eye-opener’
To Sister Teresa Joseph, a nun with the Catholic Church, domestic workers remain the least protected and
most exploited workforce in India. Sister Teresa is a Regional Coordinator of the North Eastern Regional
Domestic Workers’ Movement (NERDWM) in India.
Her involvement with domestic workers’ support came about through her activities with Childline, a
24-hour emergency helpline for children in distress in her region. The region is prone to a lot of ethnic
violence and movement of people for their own safety. It is also increasingly the target of traffickers, who are
luring young people, especially girls, to work as prostitutes and domestic workers in urban areas and even
further away.
‘Childline was an eye-opener for me’, says Sister Teresa. ‘The physical, sexual, emotional and verbal abuses
meted out on young domestic workers inspired me to launch a separate wing for them. So the Domestic
Workers’ Association (DWA) was launched in Shillong in June 2003, and then we joined with other
congregations in our region under the NERDWM.
We organise a lot of activities aimed at giving visibility to the children in domestic work. We also provide
sponsorship so they can go to school, and 45 children benefited from this in 2005-2006.
From our concern for the children, we have broadened out also to adult domestic workers. NERDWM’s
activities centre around awareness-building and information sessions aimed at empowering domestic workers
to act for themselves. We register domestic workers so as to help protect and prove their identity; help them
obtain BPL (Below Poverty Line) and ID cards, which are particularly important for migrants between the
states of India. There is a crisis intervention system, legal aid and medical assistance, adult literacy training
(180 women in 2005-2006) and skills training. NERDWM also tries to find better employment opportunities for
individuals. There are also cultural celebrations for the different ethnic groups in the region.
As well as recognition of domestic workers as “workers”, it is our vision to see all domestic workers treated with
respect and recognition for their contribution to the economy.’
A further interview with Anjali Shukla and Teresa Joseph
by Sam Grumiau for the ITUC, in English, French and Spanish,
can be found at: www. ituc-csi.org/spip.php?article987
SEWA - Self-Employed Women’s Association
SEWA is a MEMBER BASED organisation of poor working women, having membership of almost 700
thousand members across seven states in India. It is now a national trade union in India.
It is an organisation of poor, self-employed women workers. SEWA also organises domestic
workers. SEWA will be actively involved in building the convention on domestic work,
using its experiences on building the ILO convention on homework.
www.sewa.org
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‘To Make the Invisibles, Visible’ A booklet on the activities of the North Eastern Regional Domestic
Workers’ Movement (NERDWM), based in Shillong, India, from its foundation in 2003 to 2006.
‘Invisible Hands’ A film produced by NERDWM and the Meghalay Domestic Workers’ Movement, in
collaboration with splitENDS, a group of young filmmakers, Shillong, India, 2005 (34 minutes).
Contact: [email protected]
The film shows some young workers talking about how they took up domestic/household work when a
lack of money forced them to stop school. It is a story of long working days, little rest and low pay.
One girl migrated from her village, so as to help her family. The middle (wo)men said they would arrange
work in Dehli, but then cheated everybody. Her wages were not sent back to the parents. Her situation was
very bad, but she could not return home. The parents were told that she did not want to.
So the family sold their property to start searching for her, and it took them a long time to find her.
The result was that her brothers also had to leave school.
The domestic/household workers in Shillong formed a group to support each other, and rescue
others, particularly young girls. They are very aware of the need to organise themselves.
Africa
South Africa: ‘Why is domestic work always last on the agenda?’
Hester Stephens has been a domestic worker in South Africa since she was 15 years old. She is also President
of her union, the South African Domestic Services and Allied Workers’ Union (SADSAWU). SADSAWU
was formed in 2000 and is part of the COSATU union federation. It has up to 30,000 members on the books,
of whom 25,000 are paying members and 5,000 are active.
‘Before SADSAWU we had SADWU, the South African Domestic Workers’ Union. SADWU was one of the
first unions in COSATU when it was founded in 1985. But domestic workers only earn starvation wages and it
was difficult to finance SADWU; so it was disbanded in 1997-98. It was the saddest time in my life; I wondered
what would happen to the workers. COSATU wanted to find us a home in another union but failed; it was
frustrating how little support we got, even from other women workers.
So I started organising again; I got a phone and I used my own room, even though it annoyed my employer to
have other workers visiting the house. Then five of us got an office in Community House in Salt River (Cape
Town); the caretaker gave us some chairs, and the South African Communist Party gave us a desk.
A couple from Canada gave us 700 rands which we used to pay the rent. Then COSATU gave us an office and
equipment. We re-launched in Durban in 2000, with 25,000 members.
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In South Africa, we do have laws governing the employment of domestic workers. This was achieved after the
first democratic elections in 1994, recognising the part that domestic workers played in getting the country to
democracy. The Labour Relations Act was extended to include us, giving us some protections against unfair
dismissals, for example. There is also a minimum wage through the Wages Act of 2000. We are unhappy with
the low levels set, though; it makes it very hard to pay for your children’s school fees, transport or clothes; it also
means the banks won’t give you a loan if you need one.
Then in 2003, domestic workers became entitled to join the Unemployment Insurance Fund ; you have to be
registered by your employer, and then both employer and worker pay contributions. About 600,000 domestic
workers are now contributing to the Fund, but many others have not yet registered.
No matter how good the laws, if they are not implemented you are in the hands of the bosses. So there is still
work we must do for the one million domestic workers in my country. The revised Workmen’s Compensation
Act, due to be passed in April 2007, still needs to include domestic workers. Plus we are going to launch a
campaign to get the government more involved in regulating the employment agencies.
Domestic workers are also tired of waiting for houses. We don’t qualify for government subsidies to buy a house
because you have to earn at least 3000 rands a month and we usually get below 1000 rands. But we do have
1000 workers in a savings scheme, and in 2007 we will meet with the Minister for Housing.
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Many domestic workers who become HIV-positive are being dismissed and end up on the street. So we work
in clinics to try to educate workers; we produced a booklet and a video for those who can’t read or write.
Meanwhile we are investigating the possibility of a loyalty card at supermarkets and chemists, and a funeral
policy; many workers die in the backyard and their employers don’t want to pay for their funeral.
It has been announced that the Old Mutual insurance company and the trade unions are going to establish a
joint investment scheme for workers. We say that domestic workers must be included. We are part of the new
democracy of South Africa. We were part of the liberation movement and we must be part of the discussions for
the future. We ask the unions, “Why is domestic work always last on the agenda?” We don’t want our children
to live as we did.
We still need to educate the young workers how to speak up for themselves, to go to meetings and training, to
grow as women. We can help them learn how to speak to their employers, to say “Mrs. D”, let me make us a cup
of tea and we can sit down to discuss some issues’ or to put a note on the fridge to tell her it is time for a wage
rise. If it wasn’t for their domestic worker they wouldn’t be where they are today, running their factory or their
business. I speak so much because my heart is full of them oppressing us. But I feel proud as long as I earn my
money in an honest and decent way.’
‘Together We Can Do It’
‘Women won’t be free until domestic workers are free’
A further interview of Hester Stephens
By Sam Grumiau for the ITUC (in English, Spanish and French)
can be found at: www. ituc-csi.org/spip.php?article1483&lang=en
‘Labour Pains for the Nation’
SADSAWU members who were part of the old South African Domestic Workers Union (SADWU),
some already active during the Apartheid era, have written up their life stories, with help from the Human Rights Commission in Cape Town.
via Myrtle Witbooi, General Secretary SADSAWU: [email protected]
‘Migration and Domestic Work in South Africa: Worlds of work, health and mobility in
Johannesburg’ Southern African Migration Project (SAMP), 2005
www.queensu.ca/samp/sampresources/samppublications/policyseries/Acrobat40.pdf
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Namibia: ‘No-one wanted us except the farmworkers’
Apart from the difficulties of reaching out to workers isolated in individual households, it is very hard to
provide services for domestic workers when they can afford such low union dues. In 2003, the Namibia
Domestic and Allied Workers’ Union (NDAWU) had to cease operations because of low finances.
Alfred Angula, NDAWU’s General Secretary, says that only the farmworkers understood and now the two
unions are merging:
‘We have similar history to South Africa but in Namibia the laws still do not apply to domestic workers. There
is an idea that “You are a servant of the master and you do not deserve protection.” Or employers say, “You are
a family member; I am looking after you. No, you don’t need education.” Domestic workers say, “We have seen
little of the fruits of independence.”
Prior to national liberation, unions for domestic workers were not allowed. Only after independence from
South Africa in 1990 could we set up the Namibia Domestic and Allied Workers’ Union (NDAWU), at that time
with 4,500 members.
But even after independence it has proven difficult to get laws for domestic workers. The legislators themselves
employ these workers; they look after their own interests and delay improving the laws or getting them
implemented. It is also very difficult to get access to an individual in someone else’s home. So we reach out to
them in other places such as salons and kindergartens.
However, their low wages mean they can make only small financial contributions to build the union. We
collect membership fees of one per cent of their monthly wage, which often amounts to only N$3, equivalent to
US$0.50. In 2003, due to lack of funds, the NDAWU had to cease operations.
We raised these problems in the national federation, asking if another union would take domestic workers
under its umbrella. No-one wanted us except the farmworkers, who said they understood. So both domestic
workers and farmworkers are now under the same administration, of which I am the General Secretary, and
the formal merger of the two unions is due at the next Congress.
It is our dream to have the work valued. Domestic workers are doing the work that others cannot or will not
do, but it is not respected. To me, it is not a question of where you come from –whether you are a migrant or
whatever– it is about the contribution of each individual. Globalisation is not only about the movement of
goods; today there is a huge movement of people; it is a question of how we value people. We need a strong
political will to change the minds of politicians.‘
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Middle East
Hard reality – hardly any support
The oil-producing states of the Middle East have a long tradition of bringing in domestic workers from other
countries. Now that they have become super-rich through booming oil prices, this labour market has seen
a massive growth. Today the numbers of women migrating from poor communities in Asia and Africa to
work as domestic workers in the Middle East are truly staggering, literally millions.
Despite the value they bring to their host societies, these women workers are isolated and highly vulnerable.
The comparative lack of democratic ‘civil society’ organisation in the region means there are virtually no
trade unions or labour support NGOs to help provide an organising infrastructure for these workers. The
only support comes from a few philanthropic individuals and groups, including some mosques that have, for
example, refuges for workers fleeing abuse.
One evening of the conference, participants watched a film about Sri Lankan women working in households
in the Lebanon, and heard from several academic and ILO researchers about their findings in the region.
‘Servants of Globalisation’ in the Gulf States
Some estimate that migrant domestic workers in Gulf States now add up to 2.5-3.5 million individuals,
or some 10 per cent of the entire population, according to Rima Sabban of the Arab Women Academic
Network, based in the United Arab Emirates (UAE). However, many migrant domestic workers have
become undocumented, making accurate statistics impossible. These ‘servants of globalisation’, as Rima
calls them, come from poor communities in India, Bangladesh, Pakistan, Sri Lanka, Philippines, Indonesia,
Vietnam and Ethiopia, amongst others. Rima provides an overview of the situation in the region:
‘These are very traditional tribal and male-dominated societies that were colonialised and then experienced
a sudden boom in revenues from oil. Along with the huge economic growth came social changes in the family.
Nuclear families are replacing extended families, meaning that wives – who still have many children and
labour-intensive households – call less on family members for support and more on hired domestic/household
workers from other countries. Meanwhile, other aspects of power relationships within the family have not
changed. When you bring dependent, vulnerable workers into this situation, there are bound to be problems.
Working conditions for domestic workers are largely the same throughout the six States of the Gulf Cooperation
Council (GCC): Bahrain, Kuwait, Qatar, Oman, Saudi Arabia, and the UAE. They are denied status of
‘workers’ under labour laws. Instead, they tend to enter through the ‘‘servants” system, officially under
two-year contracts. This system allows them no days off; most daily working hours are from 6.30 am to 10.30 pm
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with 1-2 hours break; they remain under the sponsorship of their ‘kafil’ (boss) who retains their passport; and
they are responsible for their own ticket home if they abscond.
A new contract is being introduced in 2007, but it only applies to workers coming from the Philippines and
Indonesia.
Across the region, more and more expatriate professional workers are also employing migrant domestic
workers. In response, the UAE has introduced an annual payment of US$1300 from each expatriate who
employs a domestic worker. However, this has served to encourage a hidden economy of domestic workers
coming in under sponsorship by an UAE national and then absconding to work for better pay from an
expatriate.
There is also a serious problem of women arriving as domestic workers, or believing that this is what they have
been recruited for, and then finding themselves working as prostitutes. Among those they service are the large
numbers of men migrants who have entered the Gulf States to work on the construction sites and who live in
labour camps. We know this through the stories of women who have run away; however, there has been little
research done as yet.
There is within the culture of Islam a notion of treating servants well, and there are many cases of this
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happening. However, young Arab women are becoming more assertive, and this has an impact on how they
treat their domestic workers.
There is a lot of emotion in the way that the matter is discussed in the region. On the one hand, domestic
workers are often blamed for crimes rather than seen as victims; or they are alleged to mistreat children, etc.
On the other hand, employers are accused of not being able to care for their own children and relying too much
on domestic workers. The media produce sensational reports of abuse, trafficking, absconding, and deception.
However, rarely do they include the voice of domestic workers themselves; there is a general policy of silencing
them by denying them the right to organise or gather in public.
There has been little development of civil society in the region. Women’s organisations tend to be headed by
royal or other high status women, and as yet are not addressing migrant women’s rights; the only exception is
Bahrain.
Until recently, the only Gulf States with human rights activists have been Bahrain and Kuwait. However,
international pressure has led the General Secretary of the Gulf Cooperation Council to announce that from
2006 each Gulf state will issue an annual human rights report, with contributions from NGOs. Considering
that 5-10 per cent of domestic workers in these countries complain of serious verbal or physical abuse, it is to be
hoped that they will have a presence in these reports.
There are also a few concerned journalists, and some philanthropic organisations, with whom we work. Plus
some religious leaders (ulamas) are building alliances in Indonesia to generate solidarity, although it is not
clear whether this will lead to effective solutions for such large-scale problems.’
‘As If I Am Not Human’ Abuses against Asian Domestic Workers in Saudi Arabia
With key recommendations to the government of Saudi Arabia and key recommendations to the
governments of migrants’ countries of origin (including Indonesia, Sri Lanka, Philippines, and Nepal)
Report July 2008 (also in French, Spanish, Arabic and 5 other languages).
http://hrw.org/reports/2008/saudiarabia0708/
Exported and Exposed – Abuses against Sri Lankan Domestic Workers in Saudi Arabia, Kuwait
Lebanon, and the United Arab Emirates
Report November 2007 (Also in Sinhala, Tamil and Arabic)
www.hrw.org/english/docs/2007/11/13/slanka17328.htm
Spanish: www.hrw.org/spanish/docs/2007/11/13/slanka17346.htm
‘In the Middle East, there are several thousand migrant domestic workers imprisoned, 800 of whom are
women and 50 children. Two women, one in Saudi Arabia and one in Kuwait, are on death row, convicted
of killing their employers. Extreme abuse by employers is rife.
So we and the Asia Pacific Forum on Women, Law and Development (APWLD) have been running a
postcard campaign “End the Violence Now!” specifically against violence against migrant women in
Saudi Arabia. People are encouraged to sign the postcards and send them to their country’s
ambassador in SA. We are also setting up a centre in the country, hoping for funding from the
European Union and United Nations Development Programme.’
Connie Bragas-Regalado, Migrante International (more on page 95)
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‘Gender and Migration in Arab States: the case of domestic workers’
Edited by Simel Esim and Monica Smith
ILO, Regional Office for Arab States, June 2004, in English and Arabic
English: www.ilo.org/dyn/gender/docs/res/477/F2008148367/Gender%20-%20Migration%20in%20
Arab%20States%20pdf%20File%20Revis.pdf
Arabic: www.ilo.org/dyn/gender/docs/res/477/F2008148367/Gender%20-%20Migration%20in%20
Arab%20States%20pdf%20File%20Fil.pdf
‘Workshop on Awareness Raising on Women Domestic Migrant Workers in Lebanon’
By Simel Esim
ILO, Regional Office for Arab States, Beirut, 28-30 November 2005
English: www.ilo.org/dyn/gender/docs/res/451/F799002463/Workshop%20Report%20on%20Women%20
Domestic%20Migrant%20Workers.pdf
www.ilo.org/dyn/gender/docs/RES/451/F1302386141/Lebanon%20Workshop%20Report%20Arabic.pdf
(in Arabic).
‘Migrant Women in the United Arab Emirates: The case of female domestic workers’
By Rima Sabban
ILO, January 2003
www.ilo.org/public/english/employment/gems/download/swmuae.pdf
‘Migrant Women Domestic Workers in Lebanon’
Dr. Ray Jureidini, ILO Regional Office for Arab States,2001
www.ilo.org/public/english/region/arpro/beirut/infoservices/report/index.htm
‘Trafficking in Women, Forced Labour and Domestic Work in the context of the Middle East
and Gulf region’
Anti-Slavery International, working paper, 2006
www.antislavery.org/homepage/resources/pdf/traffic%20women%20forced%20labour%20domestic%20
2006.pdf
‘Bad Dreams – Exploitation and Abuse of Migrant Workers in Saudi Arabia’
Human Rights Watch, July 2004 (also in Arabic)
www.hrw.org/mideast/saudi/labor/
‘Migrant Women Domestic Workers in Bahrain’
Dr. Sabika al-Najjar, ILO Regional Office for Arab States, 2001
www.ilo.org/public/english/region/arpro/beirut/infoservices/report/index.htm
Bahrain Centre for Human Rights
Includes information on the Migrant Workers’ Protection Society (MWPS) in the country.
www.bahrainrights.org/migrantworkers
Domestic migrant workers from Indonesia – filmcip –
www.youtube.com/watch?v=S3o3FuPy1sU
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Indonesian women in Saudi Arabia
Yuniyanti Chuzaifah is a Research Fellow at the International Institute for the Study of Islam in the
Modern World (ISIM) at the University of Leiden in the Netherlands. The Institute currently has a research
programme called ‘Migrant Domestic Workers in the Middle East: Becoming Visible in the Public Sphere?’
From Indonesia herself, Yuniyanti is investigating the situation of Indonesian women migrant domestic
workers in Saudi Arabia.
‘According to Saudi Government figures, there are about 600,000 foreign domestic/household workers
registered as working in the country. By contrast, media reports suggest there are as many as three million
foreign women doing this work there, indicating a very high number of undocumented workers.
It is thought that the majority are brought in under cover of the “haj” pilgrimage to the holy sites. The
pilgrimage is not only an ideal for all Muslims; it also leads to higher status. So, many Indonesian women
are highly motivated to do so. Labour agents use this as a cover to bring women into Saudi Arabia, who then
become undocumented domestic workers. And if they run away from an abusive employer, they are vulnerable
to becoming involved in the illegal sex trade.
There is very high demand for domestic workers in Saudi Arabia. As well as the high economic growth, there
are cultural factors in the way that domestic labour is organised. It is a male-dominated society, where women
are married very young, are expected to bear a child each year, and must organise all the domestic work.
For Indonesian domestic workers in Saudi Arabia, there can be dangerous misinterpretations of cultural
differences. For example, Indonesian women are taught to smile as a way of showing humility. Yet this can be
misinterpreted by women employers as trying to attract their husbands, with severe repercussions.
In Saudi Arabia, it is illegal to have sexual relations outside marriage. There is little punishment for the men,
but foreign woman who get pregnant are often sent home before their pregnancy becomes revealed. However,
in Indonesia there can be no birth certificate without a marriage certificate. This means that any child
born to unmarried Indonesian women migrant worker cannot be registered in his or her home country.
Meanwhile, any child born to an Indonesian woman in Saudi Arabia has no legal status there either.’
Rima Sabban, Arab Women Academic Network, added: ‘The system for deportation of women migrant
workers from Saudi Arabia is relatively good. They get a ticket home, along with accommodation and food
while waiting. Some mosques house domestic workers who have run away; and Islamic law is used to punish
employers; for example, there are cases of huge fines or imprisonment for rape, etc. Saudi Arabia is conscious of
its international image, and they are getting harder on bad employers.’
‘In the Lebanon, research indicates that three-quarters of the violence comes from the women employers,
shouting or locking their worker in. It seems that many domestic workers are dying by jumping over the
balcony to escape. It is thought that many domestic workers were killed in the recent Israeli bombing of Beirut.’
Simel Esim, Regional Gender Advisor, ILO Regional Office for the Arab States continues:
‘In the Lebanon, the ILO Office engaged the Government on the Private Employment Agencies Convention
(No.181 1997) so as to better regulate the agencies that bring in domestic/household workers. At first they
resisted, but we did training and opened their eyes. Even though they have not yet ratified this Convention, they
have agreed to start monitoring.’
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Films ‘Maid in Lebanon I’ and ‘Maid in Lebanon II: Voices from Home’
These films portray the story of the thousands of Asian women who become domestic/household
workers in the Lebanon. Some have their dreams fulfilled. For many others the experience is one of
exploitation and even extreme violence from their employers. The second film poses questions and
suggests answers in workers’ rights.
Production of ILO Regional Office for Arab States, by Carol Mansour 2005, 2008.
www.ilo.org/global/About_the_ILO/Media_and_public_information/Feature_stories/lang--en/
WCMS_069056/index.htm
Watch these films:
Maid in Lebanon I – www.youtube.com/watch?v=3rY91LCyY4s
Maid in Lebanon II: Voices from Home – www.youtube.com/watch?v=94rO242G6dY
Putting ‘decent work’ at the centre of migration policies
18 December 2007 – International Migrants Day : New report + New video
www.ituc-csi.org/spip.php?article1686
New 20-page report on the violations of migrant workers’ rights in the Middle East region, with
interviews and articles focusing on Jordan, where the textile union is providing practical help to Asian
migrants. document: www.ituc-csi.org/IMG/pdf/VS _ Jordanie_EN.pdf
film: www.ituc-csi.org/spip.php?article1687&lang=en
‘The unions have been putting pressure on the governments of the departure and host countries to integrate
this rights-based approach to migrant workers at national level, in both bilateral and regional agreements,
and to harmonise their work at international level. The international trade union movement has been
pointing to the existing ILO and UN legal instruments whilst calling for a new Convention specifically
aimed at protecting domestic workers. This particularly vulnerable group includes many migrant
workers throughout the world, who are too frequently exploited.’
Yemen: Little public discussion
Yemen is the poorest country on the Arabian peninsular. Yet here too there are a lot of migrant domestic
workers. According to Marina de Regt, an anthropologist at the University of Amsterdam specialising
in gender, labour and development, the demand is linked to the oil boom of the 1970s. At that time, many
Yemenis migrated to other Arab countries and became richer, forming a new urbanised middle-class. Today,
having a domestic worker is a status symbol, even for Yemeni families who cannot easily afford one.
Marina has been doing academic research on migrant domestic workers in Yemen since 2003, largely in the
cities of Sana’a and Hodeidah. She has also been in Ethiopia and Indonesia which, along with Somalia, are
the main countries sending domestic workers to the Yemen.
‘Alongside the development of an urbanised middle class, there has been a breakdown of the extended family
in Yemen. This has generated a greater demand for domestic workers. However, it is still a small percentage of
Yemeni families who have a domestic worker, unlike in the other Arab countries.
It is quite hard to do research on the situation of domestic workers in Yemen. Many employers do not see the
relevance and do not want to be interviewed. Domestic workers themselves are sceptical that research can help
them. They face all the usual problems associated with migrant domestic labour; many arrive on “tourist”
visas, and so are not properly documented for the work they are doing and are highly vulnerable to abuse.
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In any case, as in many other countries, domestic workers do not fall under Yemeni labour law. There is little
official recognition of their work or awareness of their situation, for example in the Ministry of Labour. There is
virtually no public awareness-raising, nor discussion in the media.
A lot of development aid is going into Yemen, but it has no relation to the presence or problems of the
international migrant domestic workers. This is so even though many of the women are Somali refugees
fleeing war in their own land. Foreign embassies in Yemen tend not to want to help, for fear of upsetting their
relationships with the host country. Only the Indonesian Embassy has a refuge for its nationals fleeing abuse.
We have established a support group of just ten people who are interested in this issue. They meet monthly but
all are volunteers, and do not have professional skills or experience. It is still a small project, dependent on
project funding. We are looking at the possibilities of opening a centre for women and to engage in more work
at a policy level.’
Marina de Regt is planning to make a short documentary film in 2007 about Ethiopian women working as
domestic workers in Yemen, many of whom are supplied through agencies.
Film: ‘Young and Invisible: African Domestic Workers in Yemen’
Produced December 2007, by Arda Nederveen from ‘Visuele Producties’.
Information via: [email protected] and [email protected]
‘Mapping Study on Women Domestic Workers in Yemen’
By Marina de Regt, ILO, April 2006
www2.ilo.org/public/libdoc/ilo/2006/106B09_159_engl.pdf
‘Ethiopian women increasingly trafficked to Yemen’
Marina de Regt
‘Forced Migration Review’, Refugee Studies Centre, University of Oxford, Issue 25, May 2006
www.fmreview.org/FMRpdfs/FMR25/fmr2521.pdf
Council of Europe:
Domestic slavery, Doc. 9136, 25 June 2001
assembly.coe.int/Documents/WorkingDocs/doc01/EDOC9136.htm
Resolution 1509 (2006) Human rights of irregular migrants
assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta06/ERES1509.htm
Recommendation 1755 (2006) Human rights of irregular migrants
assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta06/EREC1755.htm
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Europe
Europe: Still in the shadows
This international conference followed a previous one in Brussels on 14-15 April 2005 on trade union
responses to domestic work in Europe, co-organised by the European Trades Union Confederation (ETUC),
IRENE and PICUM. The aims of that conference were to increase awareness among European trade unions
of the needs of millions of relatively invisible household workers across the continent.
Europe is experiencing a growth in household services as more women enter into the labour market and
people live longer. Next to national (migrant) workers, there are increasing numbers of women migrating
into European countries to do this work, many of whom are undocumented and vulnerable despite the
service they render.
Over two days in April 2005, about a hundred representatives of unions, domestic/household workers’
organisations, migrant workers’ support groups and labour support NGOs exchanged information and
ideas about how better to protect the millions of household/domestic workers of Europe. Kirsten Møller,
International Advisor to 3F – Fagligt Fælles Forbunds (United Federation of Danish Workers) gives a
report from the European conference:
‘We found that the situation in European countries varies a great deal, and there are very different strategies in
response. But of course there are also similarities. This is invisible work and it is not the usual group of workers
that unions deal with. Yet we cannot accept that millions of workers in our societies are exploited – that they
have no, or very unclear, rights. We need to provide household services in a much more sustainable way for
all. Many politicians in Europe recognise the need for this, but sadly this is all too often limited to a discussion
among women in the Women’s Committees of organisations such as trade unions or the European Parliament.
Better household services are a precondition for the European Union policy of bringing at least 60 per cent
of all women into the labour market by 2010 – as more women go out to work, more families need help with
the care of children and the elderly, etc. Better provision of household services is also a way of helping to cope
with unemployment, especially among the unskilled, the young and the migrant workers.
However, at the conference it became clear that government policies and the role of the social partners
(business and labour) are very different from country to country. Systems of care provision involving the public
and private sectors vary a lot; so do taxation/fiscal policies relating to household services; and family policies
affecting women’s access to the labour market. Politicians take different paths, leading to very different welfare
societies, where unions have different roles.
In Nordic (Scandinavian) countries, the caring of the sick, the children and the elderly is done largely through
the public sector and most of the workers are organised in trade unions, benefiting from collective bargaining
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agreements. Cleaning is primarily done by the private sector, sometimes by formal and sometimes by informal
arrangements; it is here that there is an unknown number of unprotected migrant workers.
In France and Spain, by contrast, the household services sector is largely regulated by law rather than by
collective bargaining, but the laws and policies vary widely. In the UK, as in the Netherlands, meanwhile,
privatisation means that many care services are now contracted out by the state to private agencies to supply
the workers that go into people’s homes; this has undermined union negotiated terms and conditions, and
implementation of the legal provisions that exist.
We looked at who the employers are with whom unions can negotiate. With the thousands of private
individuals, it is very difficult, but it is certainly possible with private agencies as well as the state. We also
recognised that diplomats and politicians are especially heavy users of household workers – directly benefiting
from this labour. So are many international trade unionists; trade unions could do much more to raise
awareness among their own members about proper terms and conditions for those they employ in their
homes.
Without doubt, domestic/household and home service work is – with the increasing need and wealth in
Europe - a growing labour market, and the workers in it should become part of the mainstream of union work.
The trade unions have responded to the EU Green Paper on Economic Migration, pointing out the lack of
gender awareness in it. Now there is a Green Paper on Labour Law on its way, and we need to make sure the
challenges of ‘a-typical’ work such as household work are included.
We need to restart the debate on domestic work in the European Parliament as well as in the ILO – whether
there should be a new Convention or better implementation of elements in existing Conventions.
We need to be much more pro-active and professional on the future of social services in our countries. Many
governments want to keep household services as a “private” matter while at the same time wanting women to
take up more jobs in the formal labour market. We would all be better off if the provision of household services,
the caring of the elderly, the sick and children, was defined as a collective responsibility and recognised as a
profession. Then we could offer proper and regulated jobs for the many unemployed migrant women and men
in Europe. The conference in 2005 highlighted some innovative methods such as voucher schemes, homeservice
schemes, or reduced taxation for those who employ household workers on regular basis in their own homes.
Work permit systems to manage the flow of migrant workers vary a lot between countries – affecting how many
become “undocumented”. In most countries, domestic/household work is not officially recognised as part of
the labour market; therefore no data are kept on it and any demand for it is not officially recognised. So it is
not included the work permit system. The numbers of undocumented migrant domestic/household workers in
Europe can only be estimated but, from the work done by unions in Great Britain, Belgium, Italy, France and
Spain, we are talking about millions of workers.
Trade unions in Europe can also do much more to develop new ways of working with migrant workers’
organisations. We heard from a number about what they already do but all can do more, starting from
making room space and facilities available for meetings, to better access to information and training. Some
unions are providing union cards, which has been shown to be a very valuable form of identity especially for
undocumented workers, though it can raise difficult legal questions. Other unions build close cooperation with
migrant workers’ organisations and offer training and other activities to empower migrant workers though a
better knowledge of their rights.’
Detailed case studies on organising domestic workers in European countries can be found in:
‘Out of the Shadows: Organising and protecting domestic workers in Europe: the role of trade unions’
Report of a conference organised by the European Trades Union Confederation (ETUC), IRENE and
PICUM, Brussels, 14-15 April 2005 (English: www.etuc.org/a/2809, French: www.etuc.org/a/2810)
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The right to say ‘Yes’ all the time
The European conference ‘Out of the Shadows’ heard from ‘Raquel’, a trained accountant from the Philippines who is now a domestic worker in Belgium. There she has joined her mother, who has been an undocumented worker in Belgium for fifteen years, supporting her children at home, especially their education.
Raquel’s mother had made a list of her rights:
• Right to say ‘yes’ all the time
• Right to be cheerful always
• Right to be dismissed at any time
Her ‘no rights’ list is longer:
• No right to get sick
• No right to be without money
• No right to be without work
• No right to have papers
• No right to question the employer
• No right to be sad or have a long face
• No right to be tired.
The full story in ‘Out of the Shadows’ report page 32-33
For more on migrant workers in Europe, see pages 93-100.
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Netherlands: ‘Domestic Work: Decent Work?’
The CNV National Federation of Christian Trade Unions in the Netherlands has recently developed a
new programme for the protection of domestic/household workers. Lieke Ruijmschoot, from the CNV’s
International Department, explains what their activities entail:
‘It is unclear how many domestic workers there are in the Netherlands, but according to a 2003 survey there
are 1.2 million households making use of domestic services. A substantial part of these services, mainly those
for elderly people, is carried out within the subsidised care system. This is formal work where the employees are
employed by care institutions, are registered, pay taxes, take part in a social security system, and have access to
collective bargaining.
However, most domestic work in the Netherlands takes place informally. You can imagine how it goes: someone
looking for or offering domestic services simply puts up a note in the local supermarket, and the employer and
worker just find each other. Or else family members or neighbours are employed by verbal agreement; there is
no institution as employer, no taxes, no social security. For these people, the advantages of the formal economy
do not apply. Moreover, a growing number are (undocumented) migrants, who are especially vulnerable.
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Domestic workers in the Netherlands technically can have the status of a regular worker if they work for more
than two days per week for the same employer. And, even when the work is informally arranged, they have
certain minimal rights: to earn a minimum wage, to receive paid leave for holidays, sickness, when pregnant
and in emergencies, to have occupational health and safety, to receive a contract in writing on request, and to
receive one month’s notice before termination of the work. Domestic work is, however, explicitly excluded from
the Unemployment Act.
Workers could in theory claim all these rights through their employment contract. However, informal workers
hardly ever have a written contract. Also there is a profound lack of information on these rights for employees
and also, importantly, for employers. Third, temporary workers, which domestic workers often are, have
fewer rights than those with a long-term contract. Fourth, undocumented migrant domestic workers have
special difficulties in claiming their rights; formal work is not even an option for them. And lastly, informal
workers are difficult for trade unions to represent and fight for under the Dutch system because certain formal
structures, like a representative institution for the employers, do not exist.
In 2006 the CNV decided that domestic workers, as a vulnerable group of employees, deserve more attention
from trade unions, despite the difficulties. The CNV international department, CNV Internationaal, is
launching a campaign in 2007, and a report on domestic workers and their labour problems worldwide and
in the Netherlands has been produced. This has led to various activities and plans, both nationally and
internationally.
First of all, the union concerned with workers in the cleaning industry, the CNV Bedrijvenbond, has
announced that it is open to independent domestic workers. They are still discussing the practical details:
what the union can offer them, how much the membership fee will be, how to handle the administration of
undocumented workers and, last but not least, how to reach these workers. One proposal is to appeal to current
union members as employers of domestic workers.
Secondly, the CNV policy department has been lobbying against a new regulation that allows domestic workers
to work for three days a week for the same employer without social protection.
Third, we are launching a campaign in 2007 to create awareness about the rights of domestic workers
(world-wide and especially in Sri Lanka), most probably targeting possible employers and young working
women. We have also sent all our partners around the world information on our findings, encouraging them to
start new projects protecting domestic workers in their countries with our support.
Also we are looking into the possibilities of lobbying the Dutch Government to ratify the ILO and UN
Conventions on the rights of migrant workers. We are unsure why this has not yet been done and we feel that to
do so would convey a good message at home and abroad.’
www.cnvinternationaal.nl/ons-werk/schoon-werk-campagne and www. schoonwerk.nl
(in Dutch only)
‘Domestic Work: Decent Work? Protecting the Labour Rights of Domestic Workers’
CNV, Netherlands, 2006 – In Dutch: www.jouwvakbond.nl/foto/domesticwork.pdf
English, Spanish, French write to: [email protected]
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Netherlands: Results of a survey
In September 2005, the FNV trade union federation of the Netherlands published the results of a survey
on domestic/household work in the country. The data come from responses by 76 employers and 163
domestic workers, and the information from the two groups largely corresponds.
On average, a domestic/household worker in the Netherlands works 11.5 hours a week for 2.3 employers.
The average hourly payment is € 8.90, which is about equivalent to the legal minimum wage. However,
actual earnings vary from well below the minimum wage to € 15.– an hour.
48% of employers said they are well informed about the regulations. One in four gives a Christmas bonus,
but only one in five pays their domestic worker during holidays and even fewer offer sick pay.
Domestic workers should pay income tax, and 60% say that they do report their income to the tax authorities. However, most employers do not believe this. 66% of employers and 61% of domestic workers
think it alright if income for domestic/household work is not reported to the tax system.
Half of employers in the survey think that domestic workers should be treated equally to any other
worker. The other half thinks that, if there is equal treatment, domestic work would become too
expensive. However, the vast majority (86%) of employers agrees with the proposition, ‘If I could
deduct from my taxes the costs of personal household services, then I would pay more per hour so
that domestic workers would have the same rights and duties as any other employee’.
‘Domestic Slavery’ versus ‘Workers Rights’: Political mobilizations of migrant domestic workers in
the European Union’
Helen Schwenken, Centre for Comparative Immigration Studies (CCIS), University of California, 2005
www.ccis-ucsd.org/publications/wrkg116.pdf
‘Devil is in the Detail: Some Lessons to be drawn from the UK Government’s recent regularisation of
migrant domestic workers’
Dr. Bridget Anderson, Department of Sociology, University of Warwick, UK, (no date)
www.picum.org/DOCUMENTATION/Regularisation/REGULARISATION%20OF%20MIGRANT%20
DOMESTIC%20WORKERS.pdf
Information for domestic workers working for diplomats
Berlin: www.ban-ying.de/pageeng/start.htm under publications
Campaign King Baudouin Foundation on ‘International household workers in Belgium’
www.kbs-frb.be/otheractivity.aspx?id=193924&LangType=2060 (In French and Dutch)
With 2 publications in English and Spanish
Working as a homehelp at the private residence of a diplomat
www.kbs-frb.be/publication.aspx?id=178252&LangType=1033
Working as a homehelp for a familiy in Belgium
http://www.kbs-frb.be/publication.aspx?id=178254&LangType=1033
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Film (in German) Haushalthilfe – arbeiten in fremden alltag – (domestic help – working in an alien
everyday life) showing 7 domestic workers, some migrant workers, looking at their labour and living
conditions www.haus-halt-hilfe.de/trailer.php
Film (in Dutch and English) The houses of Hristina is a documentary about a Bulgarian woman who
works as a cleaner in Amsterdam. To deal with her invisible life, she starts photographing the houses she
cleans. In this film documentary director Suzanne Raes portrays one of the many often undocumented
and anonymous people we allow into the most intimate places of our lives. Who are those people
cleaning or painting our houses, caring for our children? Do we really want to know?
The houses of Hristina is a production of IDTV Docs and the Humanist Broadcasting Foundation.
Info: www.art2stay.nl/documentaire You can see the film at: player.omroep.nl/?aflID=6353954
Basque Country (Spain): ‘Sweep in your own interests’
The Asociación Trabajadoras Hogar (Household Workers’ Association) of the Basque country in Spain was
formed in 1986, the year after a ‘Royal Decree’ governing domestic/household workers’ working terms and
conditions was announced.
The 1985 Decree provides discriminatory protection for domestic/household workers. The standards
it contains are lower than for other workers. For example, it allows employers of household workers to
avoid the maximum working hours that apply to other workers. Minimum wage levels are lower, and the
maximum level of compulsory deductions for accommodation and food allowed are far higher, 45% as
compared with 30%. There is a special social security regime applying to domestic/household workers – sick
leave is paid only after 29 days; there is no access to unemployment benefit, and inferior pension rights.
Nor is there any recognition of workplace accidents. Oral employment contracts are permitted, and labour
inspectors have no rights to inspect private households.
One of the roles of the Association has been to lobby for change in the laws (see below). Meanwhile, on the
ground, the Association provides free legal assistance plus advice to domestic/household workers on labour
rights and social security. Its website contains information on the legal situation and court verdicts which
have been positive for domestic workers. There is a model employment contract, and information on salary
levels, indicating what a domestic/household worker should expect to earn.
www.ath-ele.com
‘Barre a Tu Favor: Guía de Derechos de las Trabajadoras de Hogar’
(‘Sweep in Your Own Interests: Guide to the rights of household workers’)
Asociación Trabajadoras Hogar, Asamblea de Mujeres de Bizkaia-BEA, Spain
In Basque and Spanish. [email protected]
‘Domestic Work Examined’ A survey of domestic/household work in Spain
European Industrial Relations Observatory, May 2002, in English
www.eurofound.europa.eu/eiro/2002/05/feature/es0205206f.htm
Text in spanish: download ESO205206FES.DOC
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New Social Security Rights in Spain
In May 2007, the Spanish Minister for Social Security announced a change in the laws. Now an
estimated half of the domestic/household workers working in Spain –those working to help care for
dependents– will be included in the general social security scheme rather than the discriminatory
provisions of the 1985 Royal Decree.
In Spanish: www.eleconomista.es/empresas-finanzas/noticias/221746/08/07/Ley-Dependencia-haramitad-trabajadores-Regimen-Hogar-pasen-al-General.htm
North America
New York, USA: ‘We have a dream’
Domestic Workers’ United was founded in 2000 in New York, USA, by a partnership of various domestic
workers’ organisations and the Women Workers’ Project of the CAAAV Organizing Asian Communities in
the city. Erline Brown has been a DWU member since its founding, and is in both its Steering Committee
and Organizing Team which develops the membership base. Erline was originally from Barbados, and then
lived in the UK before moving to New York. Here she describes DWU organising efforts in the city:
‘I was very excited when I first heard about the DWU. As a domestic worker since ever I could remember,
I have always seen people who are abused; if they don’t get paid, this is abuse; a friend who protected her
employer’s child from falling down stairs got injured but was dismissed – and that employer worked as a
doctor! More abuse. So when I heard about the DWU, I had to get involved.
We do what we call “base-building”. Whenever you see another domestic worker, you approach her. You
recognise the look: haggard and tired. She may deny she is a domestic worker, because there is a big stigma
attached to the job; there’s no respect; “It is all she can do”, people say.
Or they say, “It’s such a bad job, why don’t you leave it?” It sounds reasonable, but it is not the reality. Another
friend was repeatedly raped by her employer; so why didn’t she leave? Well, he had guns and he told her, “You
say anything and I will shoot you and bury you in the garden.” So she stayed; until eventually she came to us.
We got her compensation, though it wasn’t enough.
In New York, domestic workers are excluded from labour laws and protection. You take care of their loved ones
and most valuable possessions but you are not worthy of respect. We are mainly women of colour, and there are
many migrant women too, from countries like India and Tibet.
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We are campaigning for a New York State-wide Bill of Rights for domestic workers, to include a living wage,
notice and severance pay, paid holidays and vacations, protection from discrimination and unjust firing, and
healthcare. We want domestic workers recognized as employees, and protected from trafficking. So we went to
the New York State legislature at Albany but they told us to form a union. We had to tell them about the laws
they wrote – about how, legally, they excluded us from the right to organise!
Diplomats employ domestic workers but have diplomatic immunity from prosecution. So we have been
protesting outside embassies and flooding their fax machines. We don’t mind making a nuisance of ourselves.
In a case involving a high-ranking Argentinean lawyer who demanded extraordinary hours to care for his
twins, we made his life hell.
The DataCenter, based in Oakland, California, has also been helping us with research and analysis to back up
our organizing and campaigns. Their survey involved 547 workers, and they did interviews with employers. The
results have been published in our new booklet “Home is Where the Work Is”. We are also working on a new
video “Work and Respect”, as a tool for community education.
Once a year we run a 4-week Nanny’s Course that gives skills training in infant/child care, with a certificate
to present at job interviews, as well as workshops in organising skills and basic rights. Plus we have leadership
and organising training programmes to develop more worker-leaders.’
‘We have a dream that one day all work will be valued equally.’
www.domesticworkersunited.org
‘Home is Where the Work Is: Inside New York’s Domestic Work Industry’
‘New York City is a leading force in the global economy, but it couldn’t be without the 200,000 domestic
workers who sustain the city’s families and homes.’
Report: Domestic Workers United and DataCenter, New York, July 2006
www.domesticworkersunited.org/homeiswheretheworkis.pdf
Ai-Jen Poo, an organizer with Domestic Workers United, estimates that there are 200,000 domestic
workers in New York City, and about 600,000 in the greater metropolitan area. Despite the popular
image, white nannies are in the minority, she says. Most nannies come from countries in Asia, Latin
America and the English-speaking Caribbean, some illegally, though it is hard to get an exact figure.
‘Work and Respect’ – film excerpt
4-minute excerpt of a film made by Domestic Workers United and Third World Newsreel can be found at:
www.domesticworkersunited.org/media.php?show=18
NY Domestic Workers Bill of Rights
In 2003, DWU members celebrated a victory in City Council with the passage of city legislation protecting
the rights and dignity of domestic workers placed by employment agencies, and a resolution calling on all
domestic employers to follow the guidelines in DWU’s standard contract. Soon after, members of DWU
held a convention to discuss the establishment of fair labor standards for domestic workers in NY. The
convention resulted in the drafting of NY State legislation, The Domestic Workers Bill of Rights.
DWU Organizing Packet (also in Spanish)
www.domesticworkersunited.org/campaigns.php?lang=en
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Domestic Workers United is one of the organisations in a National Domestic Workers Alliance, an
initiative taken in July 2007. From 5-8 of June 2008, this new national alliance of domestic workers
organizations will hold the first-ever National Domestic Workers Congress to support the New York State
Domestic Workers Bill of Rights and to build a national movement of domestic workers.
www.domesticworkersunited.org/shownews/14
www.mujeresunidas.net/english/newsevents.html
Maid in America – film and background information
www.pbs.org/independentlens/maidinamerica/film.html
Trailer of film ‘Las Nannies’ www.pbs.org/americanfamily/realidades.html#
Hiden in the home: Abuse of Domestic Workers with Special Visas in the United States
Human Rights Watch: www.hrw.org/reports/2001/usadom/
Behind Closed Doors, a report analysing the household work industry in California.
Research Finds Household Workers Earn Poverty Wages, Lack Access to Basic Health Care
Household workers work in private homes performing in-home child, patient, and elder care, housework, and cooking. The release of Behind Closed Doors, a report analysing the household work industry in California, shows workers are primarily female immigrants. While supporting their employers’
homes and families, findings show household workers work in substandard and often exploitative conditions, earn poverty wages too low to support their own families, and lack access to basic health care. A
participatory research project conducted by members of Mujeres Unidas y Activas and Day Labor
Program Women’s Collective of La Raza Centro Legal and the DataCenter.
www.datacenter.org/reports/behindcloseddoors.pdf
www.mujeresunidas.net/english/videomua.html
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Canada: ‘Getting the word out’
Ann Chambers arrived in Canada twenty years ago as a migrant from Scotland, to work as a nanny. Today
her union, the British Colombia Government and Service Employees’ Union (BCGSEU), has an outreach
programme for migrant workers in healthcare, in collaboration with the Public Services International
(PSI), the Global Union Federation for workers in the public sector. Ann explains how privatisation of public
care services has led to the increasing employment of migrant workers under worse working conditions:
‘In British Colombia, Canada, the provincial government has been privatising the public sector healthcare
services, and through this gaining from cheap labour. Employers have been laying off workers and then
contracting out to companies who bring in overseas workers at well below our negotiated rates. Many come
from the Philippines, Hong Kong and China to work as nannies and in healthcare.
The migrant workers come in through a federal government programme which gives them two-year visas and
after this they can apply for “landed status” and permanent residence. But, even so, they are not recognised
and respected for the contribution they make. They work in lower paid jobs than they were trained for in their
home countries, and they are not allowed to receive training in Canada to boost their chances of promotion.
This is despite the fact that we have a shortage of nurses and doctors! So we are fighting the government to let
them work and receive training.
We are getting the word out to migrant workers through a small leaflet which looks like a passport – it is called
“A Passport to Worker and Union Rights in Canada”. We want them to know that the law in Canada gives
them the right to join a union, without interference from their employer, and that employers are required
under law to negotiate with the unions.
Yes, there will be some opposition to organising domestic/household workers, but it is up to us to convince the
sceptics. We need to go back to our leaders and get them to put in on the agenda, to bring pressure on the ILO,
to move and not just sit and wait. We need to educate our members about the realities, by telling them about
the personal stories such as those I will take back from this conference.’
www.bcfed.com
‘Borderless’
A documentary film about undocumented workers in Canada including Angela, a second-generation Caribbean domestic worker. Comes with a study guide.
Directed by Min Sook Lee, Kairos, Canada, 2006, 25 minutes
www.kairoscanada.org/e/media/press/maBorderless060502.asp
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Global Unions
ITUC: ‘Women’s committees are good allies’
The International Trade Union Confederation (ITUC) (formed as a result of a merger between the ICFTU
and WCL in November 2006) is a confederation of national federations from 155 countries and territories.
It works closely also with the eleven sector-based Global Union Federations (GUFs). Kamalam is Equality
Director of the ITUC. Here, she gives an overview of the situation at global level regarding domestic/
household workers:
‘The ILO Conventions should apply to all workers but many national governments have not ratified them.
And, if many formal workers do not benefit from them, we know how much worse it is for domestic/household
workers.
Paramount is the right to freedom of association agreed by the International Labour Organisation
(Conventions Nos. 87 and 98). All workers have this right. But many are excluded in reality, especially
domestic/household workers. Even if not yet organised, domestic workers have the right to be represented, and
it is a responsibility of the trade unions to ensure that labour legislation in their country includes domestic/
household workers, including migrant ones. Then the unions should make it their work to ensure the legislation
is implemented.
When it comes to the Declaration on Fundamental Principles and Rights at Work (adopted in 1998) –which
covers freedom of association and the right to collective bargaining; the elimination of forced and compulsory
labour; the abolition of child labour; and the elimination of discrimination in the workplace– countries have to
report every two years on their implementation. Unions are consulted on this, and so this is an ILO mechanism
that can be used.
It is true this is a gender issue. Many trade unions which are male-led prefer to focus on industrial workforces.
It is our own struggle to look at work in a different way, and to win union leaders over to understanding issues
from a gender perspective. It has been a long discussion, for example, to persuade many that the “informal”
part of the economy is not a “sector” but integrated into the “ formal” economy; it is just production and
services done in a different sphere. We still have much to do on our part but unions are moving, as indeed are
“informal economy” organisations.
Where domestic workers are organised into trade unions or their own organisations, they benefit much more.
We appreciate your difficulties at national level, but unions’ Women’s Committees are good allies. Many are
happy to form alliances, to build a bridge rather than pursue old mutual hostilities which have existed between
unions and NGOs. Women’s Committees are probably key to taking domestic workers’ issues up more strongly
in the ILO.
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For example, the ILO has a complaints mechanism, where trade unions participate. We can use this, but only if
we get complaints. The ITUC has asked the Women’s Committees of our affiliated unions for more complaints.
Non-union organisations could be collaborating with these national-level Women’s Committees to file such
complaints about the treatment of domestic/household workers. The ILO has no enforcement mechanisms
(except in extreme cases such as forced labour in Burma) but governments have been known to be embarrassed
into change.
For workers, the most powerful body in the ILO is the Workers’ Group in the Governing Body; the Workers’
Group holds 14 seats, equal to the number for the Employers’ Group (Governments have 28 seats). By the time
you include the titular and substitute unions for those 14 seats, some 30 national union federations sit on the
ILO Governing Body, where they are very influential. It is important to identify who they are and use this
influence.
Another route is through the Global Union Federations (GUFs), such as the IUF and the PSI. Their affiliates are
national unions with members in particular sectors. When domestic workers’ associations and support NGOs
build collaboration with unions, then they have a channel to the GUFs and can use this to influence them to
make this a priority item.
As for the ITUC’s current activities on domestic/household work, we are addressing it through the question of
international migration, which is a key focus for the ITUC. In December 2006, we are holding a workshop on
international migration, focusing on various sectors including domestic/household work.
As well as international migrants, there are huge numbers of internal migrants in such countries as China
and India, to replace women who go into other employment. It is related to gender inequality in society, but it
comes about through globalisation. Companies relocate and hire women workers; then other women workers
have to do the work in their homes. The rise of household work relates to the demand for more women in the
formal labour market and the long hours of work they have to do there.
In combating the worst forms of globalisation, alliances show the way forward. Meetings like this are
important, where we can make friends. Working together, the possibilities are much better for getting domestic/
household work recognised and the workers respected and protected. But we need your help, because the unions
have many priorities.’
www.ituc-csi.org
www.global-unions.org
Global trade union body calls for International Convention to protect Domestic Workers
Brussels, 31 October 2007 (ITUC Online): The International Trade Union Confederation (ITUC) has
asked trade unions world-wide to seek governmental support for an International treaty to protect
domestic workers. The question of a possible International Standard for the tens of millions domestic workers in the world will be discussed next month at the Governing Body of the Tripartite
International Labour Organization.
www.ituc-csi.org/spip.php?article1544&lang=en
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IUF: Representing domestic/household workers
The International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied
Workers’ Associations (IUF) is the Global Union Federation for workers along the whole food chain,
and that includes domestic/household workers. Its affiliated national unions come from 124 countries,
representing some 10 million workers. The IUF collaborated with many organisations in achieving the ILO
Home Work Convention in 1996 and at that time tried to get domestic workers included. Here the IUF
Equality Officer Barbro Budin speaks of the pressure needed inside unions to get the issues more actively
taken up.
‘We have passed a resolution in the IUF that domestic work should be given much more focus. However, we still
lack resources for these activities and need to lobby for them within our organisation.
I believe that this is a gender issue. It is nearly always the Women’s Committees in the unions who say that
domestic workers should get more attention and have their status regulated. We do find a lack of interest from
many male colleagues. In the 1990s, many men referred to homeworking as a “women’s issue”, as indeed they
did with child labour. Some said that informal work “should not exist” and it would be a “waste of energy
regulating it”; others seemed to think that informal work is somehow “disappearing”. We have yet to convince
many that domestic workers are “workers”. Yet there are examples where activities to help organise domestic
workers have actually strengthened unions, as in the case of CHODAWU in Tanzania, working with the ILO/
IPEC programme. (See page 24).
It is an enormous task to monitor the implementation of ILO Conventions, but it can be done. We need ILO
assistance to train more labour inspectors who know about the problems that domestic/household workers
face; they could be roving health and safety inspectors who are trade unionists who have received appropriate
training and have rights to inspect.
We –the ILO, unions, workers’ groups and support NGOs– also need to collaborate together better. The IUF is
already doing this, for example working with the Flora Tristan Centre in Peru to help organise undocumented
women migrant rural workers. When it comes to organising, I see a lot of similarities between the agricultural
and domestic sectors.
For example, the IUF has a Charter of Rights for Migrant Workers in Agriculture, and something like
this could be useful for highlighting domestic/household workers’ rights too. It includes their right to a job
description, training (higher status leads to greater bargaining power for higher wages), freedom of association
and collective bargaining (which are fundamental rights for all), maternity protection, healthy and safe
working conditions, and freedom from child labour, physical harassment, violence, inhumane treatment or
deportation.’
www.iuf.org and www.iuf.org/women/
The IUF Charter of Rights for Migrant Workers in Agriculture can be found at:
www.iuf.org/cgi-bin/dbman/db.cgi?db=default&ww=1&uid=default&id=927&view_records=1&en=1
Additional interview with Barbro Budin (IUF-Equality Officer)
New ILO Convention for domestic workers: ‘an urgent need’
By by Natacha David – To be found at: www.ituc-csi.org/spip.php?article1895
As a result of this conference, the IUF agreed to take responsibility for establishing an international
project ‘Respect and Rights for Domestic Workers!’, to build an open network for all those interested in
furthering the rights of domestic/household workers, and to work towards an ILO Convention for the
rights of domestic/household workers. For this, additional funding would be sought. The issues then
were raised at the International Labour Conference of the ILO in Geneva in June 2007.
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‘All For One = One For All:
A Gender Equality Guide for trade unionists in the Agriculture, Food, Hotel and Catering
Sectors’
IUF, June 2007
Via: [email protected]
‘Les Travailleurs Domestiques’
A short film about domestic/household work around the world, including child labour. Includes an
interview with Barbro Budin, Equality Officer of the IUF Global Union Federation explaining why an
ILO Convention for domestic/household workers’ rights is needed.
Dialogue in French. 6 minutes. (later also available in English)
Made by ILO ACTRAV for the International Labour Conference, Geneva, 2007
www.pourlemploi.com/video/domestiques/./domestiques.html
PSI: Representing public sector care workers
The Public Services International (PSI) is the Global Union Federation for workers in the public sector,
which includes all kinds of care services including those done in private homes. Ann Chambers, an activist
of the British Colombia Government and Service Employees’ Union (BCGSEU), outlines PSI support for
domestic/household workers involved in care work:
‘The focus of the PSI is on care workers employed in the public sector, i.e. in the formal economy. This includes
care workers who go into private homes, to help look after the elderly, the sick, children, and so on.
However, the PSI knows that in many countries privatisation is being accompanied by outsourcing to agencies
to provide the care workers; and, with that, collective bargaining between unions and employers is becoming
much more difficult and working terms and conditions are deteriorating; in some cases this is to such an extent
that care workers are being pushed into the informal economy, for example when undocumented migrant
workers are employed by agencies to provide care assistance in private homes.‘
To help healthcare workers make the right choice when faced with the decision of migrating for
employment, the PSI has produced a ‘Pre-Decision and Information Kit’. Produced with the help of
organisations in 16 sending and receiving countries, it contains practical information on the cost of living,
legal and employment rights, and union contacts in the main destination countries. It also provides general
information on the issues on migration in the health sector and the role of public sector trade unions.
The kit is part of the PSI ‘Migration and Women Health Workers Project’. This has been involving public
sector trade unions in providing information and assistance to migrant healthcare workers. The aim is
to protect the migrant workers’ rights and make sure that they continue to be part of the trade union
movement even as they migrate.
www.world-psi.org/migration
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Migration and Women Health Workers: Pre-Decision and Information Kit’
Public Services International, 2007
The kit contains brochures on basic questions and union contacts, posters, a postcard, and specific information relating to migration into the US, Canada, and Netherlands, and from the Philippines.
www.world-psi.org/TemplateEn.cfm?Section=Women_Health_Workers&Template=/ContentManagement/ContentDisplay.cfm&ContentID=14494=/ContentManagement/ContentDisplay.cfm
‘Who Cares? Women Health Workers in the Global Labour Market’
Public Services International, 2005
www.world-psi.org/Content/ContentGroups/English7/Publications1/Who_Cares.pdf
‘Women and International Migrations in the Health Sector’
Public Services International, June 2004
www.world-psi.org/Content/ContentGroups/English7/Publications1/Women_and_International_
Migration_in_the_Health_Sector.pdf
ILO Resources on Migrant Labour
ILO Multilateral Framework on Labour Migration: non-binding principles and guidelines for a
rights-based approach to labour migration, adopted by the Tripartite Meeting of Expert on the ILO
Multilateral Framework on Labour Migration, Geneva, 31 October-2 November 2005
www.ilo.org/public/libdoc/ilo/2006/106B09_105_engl.pdf
‘Preventing Discrimination, Exploitation and Abuse of Women Migrant Workers’
An Information Guide of 6 Booklets, ILO, 2003
Also: ‘Series on Women and Migration’: 10 Working papers covering United Arab Emirates, Sri Lanka,
Italy, Japan, Nicaragua, Nigeria, Philippines, Costa Rica, Bolivia and Ethiopia
www.ilo.org/public/english/employment/gems/advocacy/protect.htm
‘Handbook on Establishing Effective Labour Migration Policies in Countries of Origin and
Destination’ (also in Russian and Arabic)
ILO/IOM/OSCE,2006 www.osce.org/item/19187.html
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ILO: Proposals for a comprehensive agenda
Proposels for a comprehenseve agenda – Decent Work for Domestic Workers!
Simel Esim is a gender specialist based in the Arab States Regional Office of the International Labour
Organisation (ILO) in Beirut, Lebanon, and she has been working on domestic/household workers’ rights
in the region. Here she gives an overview of domestic/household work in the context of the ILO’s strategy to
promote ‘decent work’ and gender equality, and in the fight against poverty and towards a globalisation that
is fair.
‘Domestic/household work is approached from various directions by a number of ILO programmes: those
on the informal economy, labour migration, child labour, forced labour, and the care economy. However,
as yet there is no comprehensive framework in the ILO for this sector, unlike some others.
The definition of a domestic worker, which the ILO uses to this day, comes from 1951 –half a century ago– and
perhaps needs reviewing; certainly some of its terminology seems outmoded in today’s world.’
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The ILO’s legal definition of a domestic worker:
‘[a] wage-earner working in a [private] household, under whatever method and period of
remuneration, who maybe employed by one or several employers who receive no pecuniary gain from
this work.’
A domestic worker (household helper or domestic aid) includes any person employed in or about a private
residence either wholly or partly in any of the following capacities – cook, house servant, waiter, butler,
nurse, baby sitter, personal servant, bar attendant, footman, chauffeur, groom, gardener, launderer or
watch keeper.
The status and conditions of employment of domestic workers
International Labour Organisation, Meeting of Experts, Geneva, 2-6 July 1951,
Report, Document MDW/8, paragraph 3
Simel continues:
‘In 1965, the ILO did pass a Resolution on the Conditions of Employment of Domestic Workers. This urged
members states to introduce ‘protective measures’ and training for domestic workers, wherever practicable,
in accordance with international labour standards. A survey was done and further research towards an
international instrument on domestic workers’ employment was considered. However, there was never enough
international support for a Convention to protect domestic workers’ rights, and the resolution remained just
that. As we know, few governments paid much attention.
Three decades passed, and then the ILO commissioned another report, ‘Making Domestic Work Visible: the
case for specific regulation’ by Adelle Blackett (ILO, 1998). A few years later, this was followed by a larger
research project, ‘Domestic work, Conditions of Work and Employment: A legal perspective’ by José Maria
Ramirez-Machado ILO, 2003). However, despite the reports’ recommendations, there is still no specific
regulation – though there is, as mentioned above, work done through various wings of the ILO.
When considering whether to try to get a new Convention on the rights of domestic workers, it might be
worthwhile looking at how the “Convention concerning home work: convention 177” (1996) was achieved. This
is work that also takes place in the home, outside the formal labour market. Yet, in this case, the work is for the
“outside” world, linked to formal production and trade. One is not battling that notion commonly held about
domestic work – that it is “non-productive”.’
‘DW for DW !’
Decent Work for Domestic Workers!
The trade unions have a special position in the ILO, being one of the three social partners, and so they will be
key to any developments towards a new Convention. The ILO has held a number of regional workshops with
trade unions about domestic work, in the Caribbean in 1997, in Asia in 1999, and in South America in 2005.
Of course there are already ILO Conventions which should directly apply to domestic/household workers,
including:
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- All the fundamental ILO Conventions in the ILO declaration on fundamental principles and rights at work (1998) apply to all workers
- ILO Conventions on migrant labour for the millions who are migrants
- ILO Conventions on gender equality for the majority of domestic/household workers who are women
- Occupational Health and Safety Conventions
- Maternity Protection Convention (No.183, 2000)
- Private Employment Agencies Convention (No.181, 1997) for those employed through agencies.
The ILO’s Special Action Programme to Combat Forced Labour (SAP-FL) has the task of promoting the
fundamental ILO Convention on the Abolition of Forced Labour (No.105, 1957) In recent years, it has held
activities in West Africa, Brazil, Tajikistan, Uzbekistan and the Russian Federation, China and Nepal.
www.ilo.org/global/Themes/Forced_Labour/lang--en/index.htm
In Asia, a two-year programme ‘Mobilising Action for the Protection of Domestic Workers from Forced
Labour and Trafficking’ up to April 2006 specifically addressed domestic workers in Indonesia, the Philippines,
Malaysia and Hong Kong. A briefing on this programme is at:
www. ilo.org/dyn/declaris/DECLARATIONWEB.PROJECTDETAILS?var_Language=EN&va_ID=261
Then there is research being undertaken by the ILO in specific countries related to domestic/household work:
Bahrain, Lebanon, Kuwait, United Arab Emirates, Yemen, Ethiopia, and Costa Rica. Plus a cross-country
analysis from a legal perspective was published in 2003. There are some very useful publications coming out of
the ILO, particularly to help combat abuse of women migrant workers. (Use: http://labordoc.ilo.org)
So there are a lot of initiatives being taken in the ILO in terms of research, publications, training and
consultation, rather than in developing a binding instrument such as a new Convention. And these initiatives
are taken within one programme or another of the ILO, or as a collaboration between several programmes.
Although there is not yet a comprehensive agenda on ‘decent work for domestic workers’, there are proposals
circulating in the ILO to develop one. This would be supported by many ILO technical staff as it would enable
us to do more research and develop more institutional capacity-building as well as policy advocacy and public
awareness-raising.’
www.ilo.org/public/english/region/arpro/beirut/index.htm
See also:
• ILO-MIGRANT www.ilo.org/public/english/protection/migrant/index.htm
• ILO-IPEC programme on eliminating the worst forms of child labour, including child domestic work.
www.ilo.org/ipec/lang--en/index.htm .
• All ILO Conventions, their text and list of which countries have ratified them, can be found at the
ILOLEX database: www.ilo.org/ilolex/english/index.htm
‘Domestic Work, Conditions of Work and Employment: A legal perspective’
By Jose Maria Ramirez-Machado, ILO, Geneva, 2003
www.ilo.org/public/english/protection/condtrav/publ/7cwe.htm
‘Making Domestic Work Visible: The case for specific regulation’
by Adelle Blackett, ILO, Geneva, 1998
www.ilo.org/public/english/dialogue/ifpdial/publ/infocus/domestic/index.htm
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Migrant domestic/household workers
Serve a family for the family back home
As the conference participants showed, particularly those from Asia, the Middle East and Europe, the huge
demand for domestic/household services pulls millions of women from poor communities to leave their
own families and travel far in search of an income. The scale of this movement of women is probably unprecedented, and rising.
These women migrant workers are highly vulnerable. In some sending countries, there are official schemes
managing the outflow but the protection they provide for individuals is inadequate. Meanwhile, in the
receiving countries, immigration systems such as work permit schemes rarely cover these workers because
domestic/household work is hardly ever included as ‘work’. Then there are the private labour supply agencies
which are often poorly regulated; sometimes the fees they charge the workers turn into a kind of debt bondage or slavery.
All this means that migrant women domestic/household workers are especially dependent on their employers, not just for an income but for their accommodation – and their permit to be in that country. If they face
abuse, they must make a choice: put up with it or run away and become ‘undocumented’.
However, migrant domestic/household workers and their allies are getting organised.
Debt bondage, forced labour and domestic/household labour
Labour agents often charge workers an ‘up-front’ fee – to find a job placement, or for transport costs to
the new workplace (which cross-border migrants often have to pay), or for accommodation, etc. Such
fees can then act as a debt which ties the worker to the job or the agent; they become ‘bonded’. They
cannot leave until the debt is repaid. Sometimes they are threatened with violence against themselves or
their family if the debt is not paid back. It is a modern form of slavery.
‘No one shall be held in slavery or servitude;
slavery and the slave trade shall be prohibited in all their forms.’
Universal Declaration of Human Rights
10 December 1948, Article 4
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Unhappily, many migrant domestic/household workers find themselves in this slave-like situation.
The International Trade Union Confederation (ITUC) has a new Action Programme on Forced Labour
See: www.ituc-csi.org/spip.php?article1383&lang=en
See also: www.ilo.org/global/About_the_ILO/Media_and_public_information/Press_releases/
lang--en/WCMS_075504/index.htm
For more resources on debt bondage, trafficking and forced labour, see Annex 2.
‘Domestic Work is Work! Women’s Work is Work! : Building an Asian Migrant Domestic
Workers’ Regional Alliance and Strategic Action Agenda’
Asian Migrant Domestic Workers’ Assembly, June 2007
www.mfasia.org/mfaResources/ADWA%20Statement%20of%20Unity.pdf
Assembly May 2008 statement:
www.mfasia.org/mfaStatements/2nd%20ADWA%20statement.pdf
Foreign Domestic Workers Campaign Toolkit – Caram Asia 2002
www.caramasia.org/index.php?option=com_content&task=view&id=537&Itemid=343
‘I would like to go home and mourn’
‘Eight months ago, my son was stabbed to death in the Philippines. I would like to go home and mourn
together with my family. But I have no choice but to stay because I know that if I go home I cannot come
back, and there is no job for me back home. The pain that I have until now is a violation of my right to be
united with my family in their time of grief.’
‘Lorie’ is from TRUSTED Migrants, a migrant domestic workers’ organisation in the Netherlands.
She has been working in private households since 1987, first in Singapore, then Hong Kong, and now in
Europe. She continues:
‘It is always said that work in private households is important, but it is not adequately recognised as proper
work or as a category for immigration. Therefore migrants working in private households are denied their
basic rights and are frequently forced to become undocumented and vulnerable to abuse of our human
rights.’
TRUSTED Migrants has members from Nigeria, Ghana, Surinam, Ivory Coast, Indonesia and the
Philippines. They have organised themselves so as to share work and shelter, and to learn from each
other’s experiences as a way of empowering themselves. They are campaigning for their work to be
recognised with respect, and with proper immigration status, because they are fully aware of how
important they are to families in the Netherlands.
One important tool for building their own capacities and for raising awareness in others is the Forum
Theatre in which the migrant workers participate. It was a performance of this which so impressed Edith
Snoeij, the President of the ABVAKABO FNV public sector workers’ union, to get her organisation to
open up to migrant domestic workers.
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Forum Theatre: ‘Acting Together’
Migrant Workers in the Netherlands enact scenes from their lives, directed by Claire Fossey, followed by
discussion with the audience. An initiative of the Commission for Filipino Migrant Workers (CMFW),
TRUSTED Migrants, and RESPECT Netherlands.
www.cfmw.org
‘MDWs Visible and Making a Difference’
Research report on Migrant Domestic Workers (MDWs) in the Netherlands
Commission for Filipino Migrant Workers (CFMW), December 2005
www.cfmw.org/files/CFMW%20MDW_Research%20Report%20-2005.doc
RESPECT, a Europe-wide network of migrant domestic workers’ organizations, trade unions, NGOs
and supporters, campaigns for the rights of all those working in the private household, both men and
women, whether live-in or live-out, regardless of immigration status.
More information: www.cfmw.org
An other prominent member of RESPECT is Kalayaan, which campaigns for the rights of Migrant
Domestic Workers as workers in the UK.
‘Migration Must Work for Workers Too’
Campaign against the British Government’s proposed changes to immigration law and practice for
migrant domestic workers. Kalayaan, London, April 2007
www.kalayaan.org.uk
Migrante International
Some 8-10 million Filipinos work overseas. This is about 10 per cent of the country’s population, and they
contribute US$ 10.3 billion a year (2005) to their home country’s economy, providing the highest form of
export revenue earnings. Yet they receive inadequate protection from their own Government.
Of these migrants leaving the Philippines, almost 30 per cent are domestic/household workers, and a further
13 per cent are care-givers and nursing aides. Their top countries of destination are Saudi Arabia, the United
Arab Emirates, Kuwait, Qatar, Jordan, Brunei, Hong Kong and the United Kingdom.
Migrante International is a global alliance of Filipino migrant organisations, mostly composed of domestic
workers and care-givers, in 23 countries. Established in December 1996 and with headquarters in Quezon
City in the Philippines, MI’s main objective is to protect and promote the rights and welfare of Filipino
migrant workers, particularly domestic/household workers.
Concepcion (Connie) Bragas-Regalado is Migrante International’s Chairperson. She has worked as a
migrant domestic worker in both Singapore and Hong Kong. Before that she was a senior social worker with
the Philippines Government Department of Social Welfare and Development for seven years.
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‘In 1995, amidst public outrage against the unjust hanging of the Filipina domestic worker Flor Contemplacion
in Singapore, then President Fidel V. Ramos signed the Republic Act 8042, said to be a “Magna Carta for
Overseas Filipinos”. The Philippines Government has two agencies attached to the Department of Labor and
Employment: the Philippines Overseas Employment Agency (POEA) in charge of regulating the deployment
of migrants, and the Overseas Workers’ Welfare Administration (OWWA) mandated to provide them with
welfare services.
However, Sections 29 and 30 of the Act make labour conditions subject to the contract between the employer
and employee; and there are no agreements about labour standards reached between the Philippines
Government and host governments. This effectively absolves our Government of any responsibility. So it
exports millions of people to places where no protections exist. Yet it is happy to collect from them legal and
processing fees plus a welfare fund contribution, and to use the vast sums they send back to help prop up the
ailing economy. In 2005, the amount going through formal banking channels reached US$ 10.3 billion, and even
this excludes the unknown ‘‘informal” remittances.
Those migrant workers going through the POEA should be on two-year contracts, with payment standards.
But when they arrive in their host country, they often have to sign a different contract. If they run away, they
become undocumented because their employers keep their papers. Others do not go through the POEA but
on “tourist” or “trainee” visas through an employment agency. The price of a job overseas can reach US$ 400
which many migrant workers have to borrow and pay back later; this means it is hard to leave your job until
you have paid off your debt to the agency. It is a kind of bonded labour. Those who do want to go home but have
become undocumented sometimes have to do something to make themselves deported.
The first emphasis of Migrante International is to support the organisations of migrant domestic workers
overseas, as well as their families, their children, and former domestic workers. In the Middle East, it is illegal
to organise and so our groups have to operate underground. We have ten groups in countries such as Saudi
Arabia, UAE, and Qatar; and we are currently working in Kuwait and Lebanon.
We also engage in a lot of campaigning, advocacy and lobbying at home. We are now trying to get our voice
heard better in the national Congress, and I stood as a national candidate. We participate actively in the
hearings of the parliamentary committee for migrant affairs in the House of Congress and Senate, which we
were instrumental in getting set up.
We encourage alliance-building with other migrant organisations, trade unions, women’s associations and
human rights groups. It is one of our main tasks to help domestic workers of other nationalities to organise
themselves.
In our international solidarity we are working towards the formation of an International Migrant Alliance,
whose founding congress is to be. Internationally, we believe there should be:
• A campaign for the ratification of the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families (United Nations Assembly Resolution 45/158, New York,
18 December 1990). Not one receiving country has ratified this Convention yet.
• More lobbying of sending governments to forge labour agreements with host governments.
• Discussions about the prospects for a new ILO Convention on Domestic Work.
In the long term, we need better economies that create more jobs so that working overseas becomes an option,
not something that is forced on the poor.’
http://migranteinternational.wordpress.com
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International Migrants Alliance, a global alliance of im/migrants, refugees and displaced people:
http://pinas.net/ima/
Joint Statement of Domestic Workers on the Occasion of the Global Forum on Migration and
Development – www.apmigrants.org/statements/dw-statement-brussels-layout.pdf
To find out which countries have signed the UN Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families.
See: www.unhchr.ch/html/menu2/6/cmw/ratifications.htm
See: www.december18.net
‘From the sending countries, people often see migrant workers as victims of a terrible fate. In the receiving
countries, there is another negative image, that of ‘ foreigners having a bad influence on our children’. But to
look at migrants only as victims does them a disservice. They do have choices and many are making their own
lives better, as well as making a strong contribution to the world around them.’
‘Globalization Comes Home: Protecting Migrant Domestic Workers’ Rights’
Nisha Varia, Human Rights Watch, 2007
www.hrw.org/wr2k7/essays/globalization/
Netherlands: A union opens its doors
The ABVAKABO FNV is the second largest trade union in the Netherlands, with over 355,000 members,
working in a wide range of public services including healthcare and welfare institutions. In June 2006, the
union opened its doors to migrant domestic/household workers and in just a few months 250 have joined.
Meinert van den Berg, trade union officer of ABVAKABO FNV, outlines these new initiatives:
‘In February 2006, our union’s President Edith Snoeij was invited to meet with migrant domestic workers and
watch their Forum Theatre. She was very impressed by their strength to bear all the difficulties they encounter
in their working and daily life. She also felt embarrassed that such working conditions still exist in Dutch
society today. She became determined to put the situation of migrant domestic workers high on the agenda of
our union. Whether documented or not, all workers have the right to join a trade union, and since then things
have moved very swiftly.
We welcomed the first migrant domestic workers as members in June 2006, and we have been discussing
with them how the union can benefit them, and what they can do to empower themselves. We have discussed
what our intentions and ambitions are. As a trade union with no previous experience with migrant domestic
workers, we had to be careful not to raise false expectations. After every inspiring meeting, some more decided
to become members.
Initially, we had to overcome many practical issues: which address the undocumented workers would use, and
how payments of union dues would be done by workers with no bank accounts. They seemed like hassles, but
in fact they were easy to overcome. More difficult, but also more challenging, is how to find answers to the
problems that migrant domestic workers face.
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On the one hand, there are all
the issues related to the status
of being undocumented. Then
there are those related to the
fact that household work in the
Netherlands is not regulated;
most household work is done in
the informal economy, whether
by documented or undocumented
workers. The problems that arise
are not easy to separate; but
to a worker it doesn’t matter
whether the problems stem from
being undocumented or in an
unregulated sector – solutions
need to be found.
At least the first step has been
taken. We as a trade union
have recognised undocumented
migrant domestic workers as
members. And in a joint effort we
will try to find the solutions, in
getting changes to Dutch labour
law, in greater recognition for the
rights of undocumented workers,
or by pressing our government to
regularise household work. In the
meantime, we are giving them use
of facilities such as space to meet
and access to email/fax.
We cannot offer immediate solutions; we have no experience with this particular group. What we do know
is our strength as a union, and we will join forces with undocumented migrant workers to get the best result.
There is still a long road ahead, and that is also what we aim for: a long-term relationship.
I would like to repeat that, in the eyes of the ABVAKABO FNV, workers are workers. Nobody gains from
unregulated work by undocumented workers; everybody will gain from regulated work by documented
workers, from people who live among us and deliver a professional and high-quality service, with rights and
respect. I know I will have to explain a lot to our members; there will questions when our union becomes
known for defending workers who are undocumented. I will explain that members should not want to live next
door to exploited people because the next in line will be themselves. We cannot gain respect for our own work in
an unregulated environment. In any case, respect does not only apply to people who originate in our country.
Thanks to their own initiatives, the self-organisation of migrant workers means we can be allies in defending
their interests. Our ambition is to gain recognition of the status as ‘workers’ for domestic workers in general
and for migrant domestic workers in particular. We will do that in cooperation with the national and
international confederations of trade unions, but first of all in cooperation with domestic workers themselves.’
Brochure: Your rights as domestic worker in a private household (also in Dutch)
www.abvakabofnv.nl/docs/bijlagen/200807/Your_rights_as_domestic_worker_in_a_private_household.pdf
www.abvakabofnv.nl/docs/bijlagen/200807/Model_Labor_Contract_for_Domestic_Services.pdf
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The United Migrant Domestic Workers in the Netherlands (UMDW NL) was formed by Filipino
migrant domestic workers in Amsterdam in June 2006. It is collaborating with the ABVAKABO FNV to
encourage migrant domestic workers in the Netherlands to join the trade union and campaign together
for regularisation of their status.
See also: ‘A Step in the Right Direction’
‘Migrants’ magazine, MinistryHouse Publications, Netherlands, No.1, 2006.
Belgium: Where the ‘undocumented’ have rights
Undocumented migrant workers have rights in Belgium, as the country’s labour laws technically apply to
all who work. These rights cover such issues as minimum wages, working hours, and workplace health and
safety. Those who employ people ‘illegally’ risk a hefty fine.
However, there are many barriers to exercising these rights. Many undocumented workers accept poor
working conditions rather than have no work at all; or they fear their employer or the Belgian authorities too
much to complain. And so employers ignore labour laws and do not get prosecuted.
The Organisatie voor Clandestiene Arbeidsmigranten (OR.C.A.) (Organisation for Undocumented Migrant
Workers) is campaigning to change this situation, by providing information to migrant workers and being
involved in discussions on labour migration. OR.C.A. works with trade unions, policy-makers, labour
inspectors, community organisations and NGOs in the country.
‘Undocumented Workers: A Guide to Rights’
OR.C.A., Brussels, English: www.orcasite.be/index.php?id=55
Also in French, Spanish, Portuguese and Flemish.
Campaign King Baudouin Foundation on ‘International household workers in Belgium’
www.kbs-frb.be/otheractivity.aspx?id=193924&LangType=2060 (In French and Dutch)
With 5 publications in French and Dutch
Switzerland: Here too the ‘undocumented’ organise
In Switzerland too, undocumented migrant workers have formed the Mouvement Suisse des Sans-Papiers
(Swiss Movement for the Undocumented). This comprises local groups in various cities, such as the
Colectivo de Trabajadores Sin Status Legal (Collective of Workers Without Legal Status) in Geneva.
www.sans-papiers.ch and www.ctssl-geneve.org
For more on trade union support for undocumented migrant workers in Geneva, see ‘Out of the Shadows’
ETUC report, pages 36-37.
And see: www.sit-syndicat.ch/Info/Brochures/BI-SIT/BI-2004-93%20-%20sans%20papiers.pdf
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Child Domestic Workers
A risk to their health and future
‘Many children work in Latin America, and so it is hard to prohibit it. There are orphans who need to work
because the State cannot provide for them; if we banned the work, the State would have to step in.’
Basilia Catari, FENATRAHOB Bolivia
According to ILO research, the numbers of child domestic workers worldwide run into double figure
millions at least, and they are mostly girls of 10-14 years. While, there is some evidence that fewer are being
employed at a very young age, perhaps as a result of greater public awareness, very few go to school once they
start working. It is almost always extreme poverty in their own families that pushes them into this work.
Since 1956, the United Nations has considered child domestic labour a modern form of slavery which
should not be tolerated (UN ‘Supplementary Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery’, 1956). In its worst forms, it certainly can be.
However, there is more agreement these days that calling all child domestic labour ‘slavery’ and demanding
its immediate end is not necessarily the best way to protect the children concerned. The ILO and advocacy
bodies such as Anti-Slavery International are concentrating rather on eliminating the worst forms of child
labour.
Anti-Slavery International: ‘We Consult Child Workers’
Anti-Slavery International has been intensively working on child domestic labour for over a decade.
Founded in the UK in 1839, this is the world’s oldest international human rights organisation. Jonathon
Blagbrough, Coordinator of Anti-Slavery International’s Forced Labour Programme, says that their
programme of work has been strengthened by finding out what the children concerned want:
‘A child domestic worker is separated from his or her own family, dependent on the employer, often isolated
and confined, denied education and vulnerable to abuse. The child usually feels under great obligation to his/
her parents to earn money and not run away. However, simply considering all child domestic work as slavery is
not particularly useful for improving the lives of the children involved.
Anti-Slavery International is an advocacy body and, in order to understand how best to do our work, we
consult child domestic workers. In 2004, along with our local partners, we talked with more than 450 current
and former child domestic workers in nine countries in Africa, Asia and Latin America. They overwhelmingly
told us that they want more opportunities for training so that they can move on from domestic work. They want
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help with dealing with abusive employers but also said it is more effective to enlist the cooperation of relatively
good employers than to demonise and alienate all. This is not to accept abusive behaviour, but to acknowledge
that many employers do believe that they are helping the child whom they employ.
We believe that child domestic workers are important agents for change and we must encourage opportunities
for their self-organisation and self-help. This already exists in some countries, for example India, the
Philippines, and Togo. There is, however, often a gap between when a child can work and when s/he can join
a union. NGOs and unions can assist child domestic workers above the minimum working age by helping them
to meet, support one another, and form groups which enable them to advocate for their own protection.
At an international level, Anti-Slavery International works with the ITUC trade union confederation and the
ILO on forced labour and child labour issues, for example to lodge complaints against individual governments.
We provide a bridge between the ILO and NGOs active in the field and, and we believe it is an important role
we can play.
More important for the real protection of child domestic workers, however, are legal and policy changes at
national level. We work with local partners to get child domestic workers included in legislation. For example,
in the Philippines we continue to press local legislators to finalise and pass the Batas Kasambahay (Domestic
Workers Bill) through lobbying of key officials and several mass letter-writing campaigns.
National and international labour standards relate to physical and environmental situations. However, for
many children in domestic work, psycho-social trauma is a far more serious problem. One study in Kenya
revealed significant evidence of psychological problems, including phobias, depression and withdrawal. So,
in our efforts to end the worst forms of exploitation, we need to deal with this, and yet there are virtually no
mechanisms to do so.’
Anti-Slavery International handbooks on child domestic labour
Three handbooks pull together local good practice from many countries:
• Child Domestic Workers: A handbook for research and action (1997)
• Child Domestic Workers: Finding a voice (A handbook on advocacy) (2001)
• Child Domestic Workers: A handbook on good practice in programme interventions (2005)
Available in English, French and Spanish versions from Anti-Slavery International’s website: www.antislavery.org
‘Child Domestic Workers Speak Out’
Anti-Slavery Society Submission to the Sub-Commission on the Promotion and Protection of
Human Rights, Working Group on Contemporary Forms of Slavery, United Nations Commission
on Human Rights, 30th Session, Geneva 6-10 June 2005
www.antislavery.org/archive/submission/submission2005-childdomestics.htm
‘As from 10 October 2006, the employment of children as domestic workers has been included as “hazardous”
work and is now banned throughout India. There has been a big advertising campaign, with a film aired
on several TV channels, aimed at employers. We have not experienced a big response so far, though a few
employers did call our offices. Successful implementation of these new pieces of legislation remains to be seen.’
Anjali Shukla, National Domestic Workers Movement, India
www.ndwm.org/functions-activities/children-dw.asp
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Tanzania: Driven by poverty
In Tanzania, there are many children doing domestic work in other people’s homes. Most are girls, from as
young as 8-9 years old, even though the legal minimum working age is 14 years. Driven by poverty, parents
in rural areas allow their children to be taken to the towns and cities, believing that they will earn a wage
and have a better life there.
In the city of Muanza, the Kivulini Women’s Rights Organisation focuses on combating domestic
violence. Kivulini means ‘In the Shade’. Since 2004, the organisation has been working specifically on
helping child domestic/household workers, in collaboration with Anti-Slavery International. Florence
Rugemalira Rweyemamu explains how Kivulini approaches this work:
‘People think that those working in rich families will be well paid, but it can be dangerous. While boys tend
to work outdoors, girls work indoors, and it is children in closed areas who are the most vulnerable. They are
dependent on their employer, and have little communication with their families. In our four years working on
this issue, we have found a lot of physical, sexual, emotional and economic violence of child domestic workers.
By ‘economic’ violence, we mean depriving them of education, refusing to pay them wages, and denying them
control over what they do earn.
We started our work in 2004 with interviews of 60 child domestic workers in the cities of Mwanza and the
capital Dar es Salaam. We found that girls outnumber boys by a ratio of 4:1. Two-thirds were forced into this
work by family poverty. 43 per cent work 16-19 hours a day, and 42 per cent work 12-15 hours. While they get
food, clothing, shelter and access to health services, they are paid less than US$15 per month, half of them only
US$5-8. The majority pass this money to a relative who depends on it. Three-quarters would choose not to do
this work if they had the choice, and most would not want this for their own children. Over 80 per cent showed
high interest in getting education like vocational training, while the rest would like basic education in how to
read and write.
Under Tanzanian labour law, domestic workers do have legal status as “workers”. However, there is no
minimum wage and, in practice, domestic work is “casual” or “private” where the worker works at the favour
of the employer; there is no contract, either written or verbal; you do what you are given, and you do it as a
matter of survival.
When a worker is abused, the police see it as a “private” matter. This is especially the case when the work is
done for distant family members, aunts or cousins, etc. We are trying to convince the police that abuse of a
domestic worker is a criminal offence. However, those who are responsible for enforcing laws are themselves
often the employers of domestic workers!
Our programme involves crisis intervention, providing legal aid; awareness-raising among child domestic
workers on their rights and assistance to help them organise themselves; actions aimed at improving the
relationship between child domestic workers and their employers in order to solve problems amicably; working
with other organisations to reintegrate child domestic workers back into their own families; and sensitisation of
parents, teachers, children, youth groups and local government and religious leaders to keep children in school.
We work from the community-level upwards, especially involving elected street leaders who are part of local
government in our country. We are seeing an increased number of cases of abuse reported to them for action.
We also work with trade unions, civil society organisations, the Social Welfare Department, religious leaders,
local militia, and employers of domestic workers.
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We are currently in consultations to encourage the formation of an association of responsible employers with
whom we can work. There is an employers’ “Code of Conduct” approved by the Tanzanian Ministry of Labour
in 2001 but it is only voluntary. Some organisations have their own standards. So there is no unified approach
at present.’
www.kivulini.org
ILO/IPEC: Eliminating the worst forms of child labour
‘The ILO estimates that more girl-children under 16 are in domestic service than in any other category of work
… Almost without exception, children who are in domestic labour are victims of exploitation, often of several
different kinds.’
In: ‘Helping hands or shackled lives? Understanding child domestic labour and responses to it’ (ILO)
Children are supposed to be protected from exploitation by the United Nations Convention on the Rights
of the Child as well as ILO Conventions. The ILO is particularly concerned to eliminate the worst forms
of child labour and has a special programme for this, the International Programme on the Elimination of
Child Labour (IPEC). IPEC has activities in about nearly 25 countries in Asia, Africa, and Latin America,
working with governments, employers, trade unions, NGOs and teachers’ groups to combat the worst forms
of child exploitation, including domestic labour. Maria José Chamorro, Senior Technical Officer of the
IPEC, explains how IPEC works on child domestic labour:
‘IPEC takes its lead from two important ILO Conventions on child labour:
• Minimum Age Convention (No. 138, 1973): this lays down a general minimum age for employment of 15
years; children in developing countries can start at 14 years, though only after finishing school; light work is
allowed between 12-14 years – so, where domestic work is considered ‘light’, children are allowed to start at 12;
‘hazardous’ work can only start from age 18 years; unfortunately, some countries have specifically excluded
domestic work when ratifying this Convention;
• Worst Forms of Child Labour Convention (No. 182, 1999): all governments are obliged to eliminate
as a matter of priority the worst forms of child labour – those involving bonded labour or slavery, sexual
exploitation, armed conflict, or hazardous activities; how hazardous activities are defined is a matter for
governments in collaboration with unions, and so it is important to ensure that domestic work is included in
this agenda (e.g. use of cleaning chemicals, fire hazards when cooking, and girls sleeping in the homes of their
employers who are most vulnerable to exploitation).
www.ilo.org/global/About_the_ILO/Media_and_public_information/Press_releases/lang--en/WCMS_007917/
index.htm
So, those that IPEC targets in its programmes around the world are:
•Victims of the worst forms of child labour: to remove them from exploitation immediately and provide
them with safe conditions;
• Children under the minimum working age: to remove them from exploitation as soon as possible and
reintegrate them with their families and education programmes;
• Children above the minimum working age but below 18 years: to get them protected against working under
hazardous conditions.
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IPEC’s programme for the next few years will focus on child labour (boys and girls) in agriculture and in domestic
work. This was the outcome of an ILO ‘Interregional Workshop on Child Domestic Labour and Trade Unions’, held in
Geneva, on 1-3 February 2006, chaired by Sir Roy Trotman, Chairman of the Workers’ Group of the ILO Governing
Body. Those taking part were trade unionists representing domestic workers, teachers’ unions, and national and
regional trade union federations. They examined the role of workers’ organizations in combating child domestic
labour, and a Trade Union Resource Manual on Child Domestic Labour is currently being produced.
Among the strategies that workers’ organizations (particularly trade unions) can undertake are:
• Examining the exclusions (explicit and implicit) in minimum age legislation, and ensure that domestic
workers are included in all appropriate legislation;
• Getting involved in the consultation process over what is “hazardous” child labour; this has been the subject
of campaigns in Paraguay, Uruguay, Sri Lanka, the Philippines, Cambodia and Costa Rica, for example;
• Monitoring the enforcement of the laws on light work, hazardous work, etc.; many unions could play a
stronger role, for example through their members;
• Promoting youth employment and press for education and training opportunities for all young workers;
• Enlisting young domestic workers as members; after all, according to fundamental ILO Conventions each
person with the right to work has the right to affiliate to a union;
• Doing more awareness-raising among union members not to employ domestic workers below the age of 15
years;
• Consulting with adult domestic workers about where the child workers are; for IPEC activities in the field
this has been a very important source of information.’
IPEC: www.ilo.org/ipec/lang--en/index.htm
www.ilo.org/ipec/areas/Childdomesticlabour/lang--en/index.htm
ILO/IPEC Resources on Child Domestic Labour
ILO/IPEC Overview of key documents:
www.ilo.org/ipec/areas/Childdomesticlabour/Keydocuments/lang--en/index.htm
ILO/IPEC have produced numerous publications – search their web.
‘ILO/IPEC Workshop on child domestic labour and trade unions’
ILO, Geneva, 2006.
Report of the interregional consultation of trade unions active in the field of child domestic labour,
organised in Geneva in February 2006. The objective of the workshop was to examine the role of workers’
organizations in the elimination and prevention of child domestic labour.
English: www.ilo.org/public/libdoc/ilo/2006/106B09_318_engl.pdf (also in French and Spanish)
‘Child Domestic Labour Information Resources: A guide to IPEC child domestic labour publications
and other materials’. (Also for publications in other languages)
ILO/IPEC, 1/2007 –English– ISBN 9789221197638
Find document via Google, type in title or ISBN number.
‘Helping Hands or Shackled Lives? Understanding child domestic labour and responses to it’
ILO/IPEC, 2004
In English, Spanish and French
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‘Good Practices and Lessons Learned’
ILO/IPEC documents on child and adolescent domestic work
in English, Spanish and French
www.ilo.org/ipec/areas/Childdomesticlabour/Goodpracticesandlessonslearned/lang--en/index.htm
‘Peores Formas de Trabajo Infantil: Sistema de Registro e Intervanción.
Manual de Capacitación.’ (‘Worst forms of child labour: System of registration and research. Manual for
capacity building’). ILO 2007. www.oitchile.cl/pdf/IPEC1.pdf (in Spanish)
Part of: Project Web Weaving against exploitation of boys, girls and adults.
More information (in Spanish): www.oitchile.cl/proyecto%20redes.php
‘Steps toward determining hazardous child labour – toolkit’
CD-Rom, ILO, October 2006
In English, French and Spanish
www.ilo.org/ipecinfo/product/viewProduct.do?productId=5544
Gender equality and child labour : a participatory tool for facilitators
ILO 2005: www.ilo.org/public/libdoc/ilo/2005/105B09_47_engl.pdf
Good practices and lessons learned on child and adolescent domestic labour in Central America and
the Dominican Republic: a gender perspective
‘ILO-IPEC and the Girl Child Domestic Worker’
ILO/SEAPAT, OnLine Gender Learning & Information Module, Unit 2 (1998)
www.ilo.org/public/english/region/asro/mdtmanila/training/unit2/ipecgcdw.htm#title
More Resources on Child Domestic Labour
‘Bottom of the Ladder- Exploitation and Abuse of Girl Domestic Workers in Guinea’
Human Rights Watch, 2007
www.hrw.org/reports/2007/guinea0607/
In French: www.hrw.org/french/reports/2007/guinea0607/guinea0607frtext.pdf
Human Rights Watch on child labour in general:
www.hrw.org/children/labor.htm
Inside the Home, Outside the Law – Abuse of Child Domestic Workers in Morocco
www.hrw.org/reports/2005/morocco1205/
Morocco: ‘Hidden’ Child Workers Face Abuse
Girls Working as Domestics Denied Basic Rights
Human Rights Watch 2005 In Spanish, French and Arabic
www.hrw.org/english/docs/2005/12/21/morocc12278.htm
‘No Rest: Abuses Against Child Domestic Workers in El Salvador’
Human Rights Watch, 2004 (also in Spanish)
www.hrw.org/reports/2004/elsalvador0104/
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On Violence against Child Domestic Workers
Human Rights Watch
www.hrw.org/english/docs/2007/02/20/global15343.htm
Task Force on Child Domestic Workers
Child Workers in Asia, a network of organisations working on child labour in 11 Asian countries.
www.cwa.tnet.co.th/Network/tf_domestic.html
Manual: Raising One Voice: A Training Manual for Advocates on the Rights of Child Domestic
Workers. Feb. 2006.
www.cwa.tnet.co.th/Downloads/CWA_RaisingOneVoice.pdf
Legislative Reform On Child Domestic Labour: A Gender Analysis
Rangita De Silva-De-Alwis
UNIFEM: January 2007 –Legislative Reform Intiative– Paper Series
www.wcwonline.org/pdf/asia2007conf/Legislative%20Reform%20on%20Child%20Domestic%20Labour%20-%20A%20Gender%20Analysis.pdf
‘Trade Unions and Child Labour: Challenges for the 21st Century’
By Rachel Kurian, Institute of Social Studies, The Hague
FNV Mondiaal, 2005
Available via: [email protected]
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Annex 1 – Conference Participants List
Steering Committee
Anneke van Luijken
IRENE – International Network on Labour and
Development
Netherlands
[email protected]
[email protected]
Ip Pui Yu (Fish)
ADWN – Asian Domestic Workers Network
and Hong Kong Domestic Workers General Union
Hong Kong
[email protected]
[email protected]
[email protected]
May Wong
AMRC – Asia Monitor Resource Centre
Hong Kong
[email protected]
[email protected]
www. amrc.org.hk
Lee Siew Hwa
CAW – Committee for Asian Women
Thailand
[email protected]
www.cawinfo.org
[email protected]
respect and rights
Wilma Roos
FNV Mondiaal
Netherlands
[email protected]
www.fnv.nl
www.fnvprojecten.nl
Chris Bonner
WIEGO – Women in Informal Employment:
Globalizing and Organizing
Organisation and Representatin Programme
South Africa
[email protected]
www.wiego.org
Eline Willemsen
BLINN – Bonded Labour in Nederland
Humanitas/Oxfam Novib
Netherlands
e. [email protected]
www. blinn.nl
Michele LeVoy
PICUM – Platform for Undocumented Migrant
Workers
Belgium
[email protected]
www.picum.org.
Karin Pape
GLI – Global Labour Institute
Switzerland
[email protected]
www.global-labour.org
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International organisations
Barbro Budin
IUF – International Union of Food, Agricultural,
Hotel, Restaurant, Catering, Tobacco and Allied
Workers‘ Associations
Switzerland
[email protected]
www. iuf.org
Kamalam
ITUC – International Trade Union Confederation
Belgium
[email protected]
www.ituc-csi.org
www.global-unions.org
Sam Grumiau
ITUC – Bulletins
Belgium
[email protected]
Ann Chambers
BCGEU – British Colombia Government And Service
Employees’ Union
Canada
[email protected]
www. bcgeu.ca
Representing PSI – Public Services International
Contact at PSI: [email protected]
www.world-psi.org
María José Chamorro Agudo
ILO/IPEC – International Programme for the
Elimination of Child Labour
Switzerland
[email protected]
www.ilo.org/public/english/standards/ipec/index.htm
Simel Esim
ILO – Arab States Regional Office
Lebanon
[email protected]
www.ilo.org
Latin America
Marcelina Bautista Bautista
CONLACTRAHO – Confederación
Latinomericana y el Caribe de Trabajadoras del
Hogar – Latin American and Caribbean
Confederation of Household Workers
Mexico
[email protected]
Marcolina de los Milagros Infante Ramirez
IPROFOTH – Instituto para la Promoción y
Formación de Trabajos en el Hogar – Institute
for the Promotion and Formation of Workers
in the Home
Peru
[email protected]
Ana Vásquez Gardini
Ida Escudero-Whú-Ching
CESIP – Centro Estudios Sociales y Publicaciones –
Centre of Social Studies and Publications
Peru
[email protected]
www. cesip.org.pe
Migueline Colque
Basilia Catari
FENATROHOB-Federación Nacional de Trabajadoras
del Hogar de Bolivia – National Federation of
Household Workers of Bolivia
Bolivia
[email protected]
www.fenatrahob.org
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Africa
Hester Stephens
SADSAWU – South African Domestic Services and
Allied Workers’ Union
South Africa
[email protected]
Florence Rugemalira Rweyemamu
KIVULINI Women’s Rights Organization
Tanzania
[email protected]
www.kivulini.org
Alfred Angula 
NDAWU – Namibia Domestic and Allied Workers’
Union
Namibia
[email protected]
www.nunw.org.na/ndawu.htm
Nelson Agyemang
Youth Development Foundation
Ghana
[email protected]
Asia
Anjali Shukla
National Domestic Workers’ Movement
India
[email protected]
www.ndwm.org
Susi Apriyanti
Tunas Mulia Domestic Workers’ Union
Indonesia
[email protected]
(secretariat of the organisation)
Teresa Joseph
North East Domestic Workers’ Movement
India
[email protected]
Lita Anggraini
National Network For Domestic Workers Advocacy
Indonesia
[email protected]
Geeta Menon
Karnataka Domestic Workers’ Union
India
[email protected]
Concepcion Bragas-Regalado
Migrante International
Philippines
[email protected]
http://migranteinternational.wordpress.com
Sartiwen Binti Sanbardi
IMWU – Indonesian Migrant Workers’ Union
Hong Kong
[email protected]
www. asian-migrants.org
Ma. Teresita T. Abo
KAAGAPAY – Overseas Filipino Workers’ Resource
and Service Center
Philippines
[email protected]
Han Hui Min
Fang Qing Xia
Beijing Cultural Development Centre for Rural
Women
Migrant Women’s Club
China
Via: [email protected]
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Middle East
Rima Sabban
AWAN – Arab Women’s Academic Network
United Arab Emirates
[email protected]
USA/Caribbean
Erline Browne
DWU – Domestic Workers United
USA
[email protected]
www.domesticworkersunited.org
Ida le Blanc
NUDE – National Union Of Domestic Employees
Trinidad and Tobago
[email protected]
Europe
Celia Mather
United Kingdom
c. [email protected]
Jonathan Blagbrough
Anti Slavery International
United Kingdom
[email protected]
www.antislavery.org
[email protected]
Kirsten Møller
3F-United Federation of Danish Workers
Denmark
[email protected]
www.3f.dk
Or via LO Denmark:
Jette Lykke Jensen
[email protected]
Itziar Gabikagogeaskoa Arrasate
ELA Sindikatua/ELA Syndicaat
Spain
[email protected]
www. ela-sindikatua.org
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Isabel Otxoa
Aso. de Trabajadoras de Hogar - Association of
Household Workers
Spain
[email protected]
www.ath-ele.com
Francisco Javier Miró Moriano
ISCOD – UGT – Instituto Sindical de Cooperación al
Desarrollo – Union General de Trabajadores/Trade
Union Institute for Development Cooperation Spain
[email protected]
www.ugt.es www.iscod.org
Silvana Michaca Mastromatteo
Collectif Travailleuses/eurs Sans Statut Legal –
Collective of Workers Without a Legal Status
Switzerland
[email protected]
www.ctssl-geneve.org
Sabine Craenen
OR.C.A. – Organisation for Undocumented
Workers
Belgium
[email protected]
www.orcasite.be
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Mario van de Luijtgaarden
Annie van Wezel
FNV Mondiaal
Netherlands
[email protected]
[email protected]
www.fnv.nl
www.fnvprojecten.nl
Lieke Ruijmschoot
CNV Internationaal
Netherlands
[email protected]
www.cnvinternationaal.nl
Meindert van den Berg
Imke van Gardingen
ABVAKABO FNV
Netherlands
[email protected]
www.abvakabofnv.nl
Line Algoed
Asociacion Grupo De Trabajo Redes - Benelux
Netherlands
[email protected]
Representing:
Asociacion Grupo De Trabajo Redes
Peru
www.gruporedes.org/index.php?idioma=2
Fe Jusay
CFMW – Commission for Filipino Migrant
Workers
Netherlands
[email protected]
www.cfmw.org
Heleen de Jonge van Ellemeet
Ministry of Justice
Bureau of the Dutch National Rapporteur on
Trafficking in Human Beings
Netherlands
h. [email protected]
Grace Punongbayan
Rio Mondelo
Migrante Europe
Netherlands
[email protected]
[email protected]
www.migrante-europe.net
Anacoreta Coring de los Reyes
UMDWS NL – United Migrant Domestic Workers
Netherlands
[email protected]
Hilde Marbus
CORDAID
Netherlands
[email protected]
www.cordaid.nl
Annelies Moors
Sjoukje Botman
Bindhulakshmi. P
University of Amsterdam
ASSR/Department of Anthropology
Netherlands
[email protected]
[email protected]
[email protected]
Marina de Regt
(research Yemen)
Netherlands
[email protected]
Yuniyanti Chuzaifah
International Institute for the Study of Islam in the
Modern World
Netherlands
[email protected]
www.isim.nl
Agnes Zenaida V. Camacho
Institute of Social Studies
Netherlands
[email protected]
Reinhard Biedermann
MISEREOR e.V.
Germany
[email protected]
www.misereor.org
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Annex 2 – More Resources
Publications and websites on domestic/household work around the world are given throughout this report.
Here are some additional useful sources.
ILO – Labordoc contains references to a wide range of print and electronic publications, including
journal articles, from countries around the world, on all aspects of work and sustainable
livelihoods, and the work-related aspects of economic and social development and human rights.
Labordoc provides an ever increasing number of links to online publications available on the
Internet. http://labordoc.ilo.org/
• Women and migration
‘A Passage to Hope: Women and International Migration’
United Nations Population Fund (UNFPA), 2006
Languages: English, Spanish, French, Arabic, Russian
www.unfpa.org/publications/detail.cfm?ID=311&filterListType=
‘Domestic Workers Far from Home’, United Nations Population Fund
www.unfpa.org/swp/2006/moving_young_eng/stories/stories_Noraida.html
‘Empowering Woman Migrant Workers in Asia: Briefing Kit’
UNIFEM East and Southeast Asia, (no date)
www.unifem-eseasia.org/projects/migrant/Briefing%20kit%20files.htm
UNIFEM resources on migrant women workers
www.unifem.org/gender_issues/women_poverty_economics/women_migrant_workers.php
Good Practices To Protect Women Migrant Workers-file
www.unifem-eseasia.org/projects/migrant/mig_pub.htm
‘Feminized Migration in East and Southeast Asia: Policies, Actions and Empowerment’
Nicola Piper and Keiko Yamanaka, UNRISD, 2005
www.unrisd.org/80256B3C005BCCF9/(httpPublications)/06C975DEC6217D4EC12571390029829A?Open
Document
Towards a fair deal for migrant workers in the global economy
ILO 2005 (also in French and Spanish)
www.ilo.org/global/Themes/Labour_migration/lang--en/docName--KD00096/index.htm
‘All For One = One For All:
A Gender Equality Guide for trade unionists in the Agriculture, Food, Hotel and Catering Sectors’
IUF, June 2007 Via: [email protected]
‘Undocumented Migrants Have Rights! An Overview of the International Human Rights Framework.
PICUM, March 2007
www.picum.org/HOMEPAGE/Undocumented%20Migrants%20Have%20vRights!.pdf
‘Ten Ways to Protect Undocumented Migrant Workers’. PICUM, October 2005
Download via www.picum.org see under ‘publications’ (website also in French and Spanish)
114
respect and rights
• Trafficking and Forced Labour
HumanTrafficking.org – A web resource for combating human trafficking
www.humantrafficking.org
Bonded labour in South Asia - www.bondedlabour.org
ITUC Forced Labour Page
www.ituc-csi.org/spip.php?rubrique156
Special Action Programme to combat Forced Labour (SAP-FL) – ILO
Includes forced domestic work.
www.ilo.org/sapfl/AboutSAPFL/lang--es/index.htm
ILO – Fundamental Principles and Rights at Work
www.ilo.org/dyn/declaris/DeclarationWeb.IndexPage
A global alliance against forced labour : global report under the follow-up to the ILO Declaration on
Fundamental Principles and Rights at Work : report of the Director-General
ILO 2005 (in Spanish, French and 5 other languages (via labordoc.ilo.org)
www.ilo.org/dyn/declaris/DECLARATIONWEB.DOWNLOAD_BLOB?Var_DocumentID=5059
‘Training Materials for a Global Alliance Against Forced Labour’
Pilot version, ILO, 2006
www.bondedlabour.org/web/Display.asp?SubCat_id=21&ID=38
‘Human Trafficking and Forced Labour Exploitation: Guidance for legislation and law enforcement’
ILO, 2005
www.ilo.org/dyn/DECLARATIONWEB.DOWNLOAD_BLOB? Var_DocumentID=5296
Training materials, ILO, 2005
opentraining.unesco-ci.org/cgi-bin/page.cgi?g=Detailed%2F940.html;d=1
Trafficking for forced labour : how to monitor the recruitment of migrant workers: training manual.
Author: Linden, Mariska N.J. van der. ILO, 2006
www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/instructionalmaterial/
wcms_081894.pdf
Anti-Slavery International: Contemporary Forms of Slavery
2006. Six booklets on Argentina, Bolivia, Brazil, Paraguay, Peru and Uruguay
www.antislavery.org/homepage/resources/PDF/PDFlatinamerica.htm
Forced Labour: www.antislavery.org/homepage/resources/forcedlabour.pdf
• Informal Economy
‘Progress of the World’s Women 2005’ Women, Work and Poverty
UNIFEM, 2005
www.unifem.org/attachments/products/PoWW2005_eng.pdf
respect and rights
115
‘Tools for Advocacy: Social protection for informal workers’
Frankie Lund and Jillian Nicholson, WIEGO and Homenet Thailand, 2006
www.wiego.org/publications/Tools_For_Advocacy.pdf
Resource guide on the informal economy
English: www.oit.org/public/english/support/lib/resource/subject/informal.htm
Spanish: www.oit.org/public/spanish/support/lib/resource/subject/informal.htm
Frensh: www.oit.org/public/french/support/lib/resource/subject/informal.htm
Informal Economy Resource Database – ILO
This database contains over 500 ILO entries directly or indirectly related to the informal economy and
decent work. The database is searchable by country, keyword, ILO author unit and date.
www.ilo.org/dyn/dwresources/iebrowse.home
‘Decent Work and the Informal Economy’
International Labour Conference, ILO, 2002, reports and resolutions
www.ilo.org/public/english/employment/infeco/ilc2002.htm
Women, gender and the informal economy : an assessment of ILO research and suggested ways forward.
ILO, 2008
www.ilo.org/wcmsp5/groups/public/---dgreports/---gender/documents/publication/wcms_091605.pdf
StreetNet International alliance of street vendors
On web information on: strategies for organising, informal economy, documents.
Also in French and Spanish. www.streetnet.org.za
Manual: ‘Ten Trade Union Actions to Strengthen the Status of Workers in the Informal Economy’
World Confederation of Labour, 2005
www.cmt-wcl.org/cmt/ewcm.nsf/0/2e1580062c589391c1256eb300535f09/$file/wva-infecon-en.
pdf?openelement
Plus a WCL campaign ‘medicine box’ of remedies for social protection in the informal economy
www.cmt-wcl.org/cmt/ewcm.nsf/_/D74E3073898DB199C12570B90054313A?OpenDocument
‘Trabajo Informal y Sindicalismo en América Latina y el Caribe: Buenas prácticas formativas y
organizativas’
(Informal work and trade unionism in Latin America and the Caribbean: Good Practice)
CINTERFOR/ILO, Montevideo, 2005, in Spanish
www-ilo-mirror.cornell.edu/public/spanish/region/ampro/cinterfor/publ/sind_for/castillo/index.
htmSources by page 34: Just how many domestic/household workers are there?
116
respect and rights
Sources by page 34: Just how many domestic/household workers are there?
International Labour Organisation
‘Domestic Workers Far from Home’, United Nations Population Fund
www.unfpa.org/swp/2006/moving_young_eng/stories/stories_Noraida.html
European Foundation for the Improvement of Living and Working Conditions, www.eurofound.europa.eu/
eiro/2007/02/articles/it0702079i.html
‘Have Minimum Wages Benefited South Africa’s Domestic Service Workers?’ by Tom Hertz, 2004.
‘Getting respect and rights means recognition for the economic value of this work’
Geeta Menon, Karnataka Domestic Workers’ Union, Bangalore, India
What domestic/household workers want:
Recognition that domestic work is ‘work’
and that those who do it are ‘workers’
with the rights that all workers have
including the right to be heard

respect and rights - International Domestic Workers Federation

Transcription

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